Advice Desperately Needed
SPSTONE
Forumite 2 Posts
Hi,
This may not be the best section for this question but at least its a start.
In 2010 I split with my ex wife, divorcing in 2011. At the time of our split our circumstances were as follows:
Debts: Around £24,000
House (in both names): Value £92,000, mortgage of £84,000
Flat (in both names also 50% shared ownership): Share value £66000, mortgage of around £64000.
At the time of the split it was decided that I would take over the house and around £22000 of the debt. The house was being refurbished at the time and this was to be paid for by myself.
My ex took the flat which needed no work and also around £2000 of the debt.
At the time she moved to the flat she took every piece of furniture and I have then subsequently purchased replacements for my house.
Things deteriorated over the last 4 years and I am now in the position whereby I want to sell the house and move on. She is demanding half of the proceeds of the house sale despite and will not accept the money I have spent renovating or the fact that I have now paid off the debt from the marriage, the debt was mainly buying and paid for work to be done on the house!
I have had the house valued and there is around £35k in equity, I don't feel it is right that I should give her over £15k when I have paid off the £22k in debt and also spent around £10k in improvements.
Has anyone ever been in this situation or has any got any advice?
Thanks
This may not be the best section for this question but at least its a start.
In 2010 I split with my ex wife, divorcing in 2011. At the time of our split our circumstances were as follows:
Debts: Around £24,000
House (in both names): Value £92,000, mortgage of £84,000
Flat (in both names also 50% shared ownership): Share value £66000, mortgage of around £64000.
At the time of the split it was decided that I would take over the house and around £22000 of the debt. The house was being refurbished at the time and this was to be paid for by myself.
My ex took the flat which needed no work and also around £2000 of the debt.
At the time she moved to the flat she took every piece of furniture and I have then subsequently purchased replacements for my house.
Things deteriorated over the last 4 years and I am now in the position whereby I want to sell the house and move on. She is demanding half of the proceeds of the house sale despite and will not accept the money I have spent renovating or the fact that I have now paid off the debt from the marriage, the debt was mainly buying and paid for work to be done on the house!
I have had the house valued and there is around £35k in equity, I don't feel it is right that I should give her over £15k when I have paid off the £22k in debt and also spent around £10k in improvements.
Has anyone ever been in this situation or has any got any advice?
Thanks
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Replies
First of all, your agreement is it legal - as in, was it drawn up by a Solicitor and put into Consent Order and rubbber stamped by the Court?
The agreement wasn't drawn up by a solicitor or rubber stamped as a consent order. It was an agreement we made at the time by text.
Ok, I would suggest, anything you do concerning legal matters should be in writing - always! Usually on divorce this i.e. division of property etc should have been formalised in writing via a Solicitor and lodged with the Courts and is called a Consent Order and you both have to sign it, so neither party can come back and do what your ex-wife is now attempting to do and it will also make provisions for any children of the marriage.
Can I ask, do you still have a copy of the text, if not, are you in a position to get hold of the text message from around that time from your provider as proof of what you agreed.
You need seek legal advice to prevent her going back on the agreement you both made, as unfortunately there is more to come - so don't be surprised.
If you have to pay, ask for a "fixed fee interview" - I think they still do them.
Going forward, anything legal no matter who you are dealing with always have it in writing.
Get the legal advice, before you agree to another thing more.
Woman are quite dangerous if you are not on the ball - and I am woman!
Good luck, let us know how it goes.
If your ex wife goes ahead with her claim, then ultimately, if a court were to decide, the Judge has to consider what is fair and reasonable in all the circumstnaces. They would be able to take into account the contributions you've each made since separation, although they would also take into account things such as your respective incomes and needs.
the texts you exchanged at the time, will have very little relevance but if you can show, based on bank statements etc what the position was at the time you separated, and what you have paid since, will be relevant.
How was the debt built up?
As far I understand (and I am no expert), until you complete either a consent order (based on a negotiated and agreed settlement) or a financial order (dictated by a judge where agreement couldn't be reached), then your finances and still linked and either of you could claim off the other. So you need to get one sorted ASAP.