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marliepanda

The_Kids_Mum wrote: »

Thank you for replying..
He is the father of my youngest who is 9.
I lived in the property for 3years before we married.
Yes we have a decree absolute but we sorted the divorce ourselves without solicitors, so we do not have a !!!8216;clean break!!!8217; settlement.
But you!!!8217;re right, maybe I should be concentrating on why I want to do this. I feel my children are entitled to something, especially after the way he treats them.. thank you all for replying. I truly appreciate it.

Your children wouldnt get anything, you would.

This would then likely be eaten up by general living costs as any amount over 6k is going to reduce the benefits you are on.

motorguy

The_Kids_Mum wrote: »

Thank you for replying..
He is the father of my youngest who is 9.
I lived in the property for 3years before we married.
Yes we have a decree absolute but we sorted the divorce ourselves without solicitors, so we do not have a !!!8216;clean break!!!8217; settlement.
But you!!!8217;re right, maybe I should be concentrating on why I want to do this. I feel my children are entitled to something, especially after the way he treats them.. thank you all for replying. I truly appreciate it.

Hes the father of only your youngest but you feel all your children are entitled to something??

Personally - i think if you were happy to take the £10K and walk away at the time without making it clear you thought you were further entitled to something at a later date if you chose to claim, then you should honour that

If its really about his child / your children then maybe suggest he puts some money in trust for them?

Involving a solicitor will involve expense. You've already received £10K and i'm not wholly convinced you're entitled to 50% of the £65,000.

I would expect him to fight it, and as such you could wholly be opening a can of worms here. It will get messy very quickly. He could easily ask to factor in any assets you have - the car, your savings, etc, he could stop paying maintenance until its all sorted.

I'm not sure what has changed? You were happy for him to own the house when you left and give you £10K but you now seem not happy that he is selling it?

I'm very very surprised you both left it wide open to future cross claiming and i'm very surprised you were granted a divorce with out a full and final agreement.

motorguy

The_Kids_Mum wrote: »

He said he would probably walk away with £65k (roughly). He has no savings or shares that I am aware of but he has been paying into a pension for a while. I have no idea what that would be worth though.

The other thing to bear in mind is, £65K may well be the equity in the property, but what was the equity in it when you split up three years ago?

Its not unreasonable that it went up £45K in three years.

You might have got what amounted to close to 50% of the equity at the time.

bertiewhite

The_Kids_Mum wrote: »

Yes we have a decree absolute but we sorted the divorce ourselves without solicitors, so we do not have a clean break settlement.

OK, let's put it another way...

What did you say when you took the £10K? "Thankyou, goodbye, we're divorced now, I can move on" or "well that will do for now, even after we're divorced I might come back for more?"

My point is that even after we were granted nisi, our finances were still being decided but when we were granted absolute, that was it - no changing our minds and no deciding the deal wasn't good enough after all.

dipsy

you can apply for a HR1 order on the house to stop him selling until you reach a financial settlement if that is what you want to do

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/601612/HR1__2017-04-01_.pdf

although you will need legal assistance to do the settlement which could cost you quite a lot and TBH if you have been divorced for over a year and seperated for 3 years (if I am reading correctly) why is it now you want more from him.

I don't understand why you didn't discuss the house at the point of divorce?
What if he wasn't selling the house, did you want him to pay you some of the equity? or are you only interested because he is selling and you think you may be entitled?

I think you need to get a free 1/2 hour solicitor appointment, but be prepared to shell out a fair bit of £££ to get anything.

but you can issue a HR1 as leverage if it is accepted

Do you have proof of any works you paid for on the house/bills etc etc

motorguy

dipsy wrote: »

or are you only interested because he is selling and you think you may be entitled?

Or if he was facing a £65,000 loss would the O/P be offering to chip in?

Fireflyaway

Legally I have no clue but it wasn't exactly a family home if he owned it before you met, your name wasnt on the mortgage and you never paid towards the mortgage.
If you got 10k and he pays child support voluntarily that sounds pretty good. The equity in the house now is partly made up of his initial deposit and payments he made before he met you.
I'd say keep it friendly and let him do his thing.

motorguy

Fireflyaway wrote: »

Legally I have no clue but it wasn't exactly a family home if he owned it before you met, your name wasnt on the mortgage and you never paid towards the mortgage.
If you got 10k and he pays child support voluntarily that sounds pretty good. The equity in the house now is partly made up of his initial deposit and payments he made before he met you.
I'd say keep it friendly and let him do his thing.

and value increase since they split up 3 years ago, and payments that he has made to decrease the amount owed over that time too.

enthusiasticsaver

I would see a solicitor. Did you sign a document to say that you were relinquishing rights on marital assets which includes not only the house but your ex husbands pension although if you were only married for 4 years this may be a grey area?

C_Mababejive

What was the agreement re child maintenance? Does he pay you for that? If so is it an informal agreement or has it been formalised via the CSA?