Divorced 22 years ago

Michael17

I have just paid my mortgage off and learn that when divorcing 50% of the property valuation was paid to my ex. without taking our joint mortgage into account.

I was unaware that our joint mortgage which was still registered long after the divorce should have been deducted from the valuation / settlement but was not.

We agreed on a 50-50 settlement and while I was not legally represented due to restricted funds my wife was.

I signed the divorce papers that came from the court but never received any papers re the settlement and was not aware of the details but as we where still on very friendly terms accepted it as a fair split of our assets.

No children where involved, just the two of us.

I was advised by a friend who has recently divorced, her solicitor should have taken the joint mortgage into account and deducted it as was in their case.

Do I have any rights legally to challenge and claim anything back now ?

Thank you

David_White

Sounds more like a legal issue so you may struggle to get a proper answer here.

I would consult a Solicitor asap.

Mojisola

Michael17 wrote: »

We agreed on a 50-50 settlement and while I was not legally represented due to restricted funds my wife was.

I was advised by a friend who has recently divorced, her solicitor should have taken the joint mortgage into account and deducted it as was in their case.

Her solicitor was working to get the best deal for the client - your ex.

As you signed the paperwork and agreed to the split, I can't see you have any reason to challenge the split now.

It's one of those cases where not having a solicitor costs much more than having one.

Finst

I think you'd only be able to claim if you could argue that your wife failed to disclose material information about the finances that you didn't have, and you therefore were misled (as opposed to having misunderstood). In this case, that seems unlikely.

davidmcn

I suspect that, no matter what the facts are, 22 years means you're too late now.