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Divorced in 2010 ex wants 1/2 equity in property

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  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sicard wrote: »
    I've been told the ex can claim up to 10 years after divorce. Seek proper advice.

    In Enlgand and Wales there is no upper time limit. Either party can cliam unless and until an order has been made. If you remarry then you can no longer start a claim, but an application can still be made by your ex.

    In the Wyatt & Vance case it was 20 years after the divorce when the claim was made (over 25 years after the separation)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • rpc
    rpc Posts: 2,353 Forumite
    The ex can claim. Aside from it being a marital asset, you also say it was joint ownership.

    Your personal contributions are somewhat irrelevant - your ex owns half.

    That said, they would easily burn up £7k in legal fees to force a sale.

    The route of least resistance is to suggest a lower pay-off as part of a clean break agreement where the property is transferred into your sole name. If you don't go for the clean break, this will come up again and again. You will also be stuck as you will be unable to sell without X agreeing.

    You are able to obtain a mortgage for the full amount in your sole name, aren't you? A BTL mortgage on high LTV can be hard to get.
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