Splitting marital home after divorce

monty-doggy

After a lot of going back and forth my ex and I settled on splitting the former marital home 60/40 in her favour. We both took legal advice. 

We divorced in 2013 but she stayed in the marital home with our 3 children. She’s paid interest only (and defaulted for the whole time she’s been in there trashing both our credit ratings) 

she re married in 2017 but moved her partner in before that. 

Her and her husband want to sell the property. 

We agreed 60/40 and I signed the forms to list it for sale. 

Yesterday I received a letter from a solicitor stating that in 2007 when we split after 1 year of marriage we had a verbal agreement that she could have 100% of the equity in the property and i would never ask for any share and they are seeking confirmation of this. 

That conversation never took place. Why would I agree to that when I’ve not been able to release myself from the mortgage? 

The letter also states that my housing needs are met because I live with my partner (in her house im not on the mortgage or deeds or have a financial interest)

Where do I stand and what is the most logical next step? Im flabbergasted! 

monty-doggy

To add we didn’t have a financial order or consent order at the time of divorce. Stupid I know. 

Teapot55

I’d say that you need a solicitor. 

Savvy_Sue

I second that!

Stateofart

Did the 60/40 split every get recorded by your solicitor?  Verbal agreements count for nothing.  If she wants to re-open negociations to sell the house now, you're back to a 50/50 split if nothing is recorded officially anyway.  She needs to understand that much of the equity maybe squandered on solicitor fees so 60/40 sounds like a good idea.  Have you contributed to the mortgage since leaving?  If not, really you should only be entitled to 50% of the equity before you stopped paying.  Getting it in writing was a must, but you know that now.  The solicitor's letter means nothing, they just hope you fold quickly.  Having your own finances in order means nothing as well and has nothing to do with the 'business' of selling your assets.

TBagpuss

monty-doggy said:

After a lot of going back and forth my ex and I settled on splitting the former marital home 60/40 in her favour. We both took legal advice. 

We divorced in 2013 but she stayed in the marital home with our 3 children. She’s paid interest only (and defaulted for the whole time she’s been in there trashing both our credit ratings) 

she re married in 2017 but moved her partner in before that. 

Her and her husband want to sell the property. 

We agreed 60/40 and I signed the forms to list it for sale. 

Yesterday I received a letter from a solicitor stating that in 2007 when we split after 1 year of marriage we had a verbal agreement that she could have 100% of the equity in the property and i would never ask for any share and they are seeking confirmation of this. 

That conversation never took place. Why would I agree to that when I’ve not been able to release myself from the mortgage? 

The letter also states that my housing needs are met because I live with my partner (in her house im not on the mortgage or deeds or have a financial interest)

Where do I stand and what is the most logical next step? Im flabbergasted! 

Well, write back and say that no, there has never been any agreement of that kind, that you and she have discussed things and have agreed that you are entitled to  40% of the net equity but that you have only agreed to that on the basis that everything is resolved swiftly so if that isn't confirmed within (say) 2 weeks, you reserve the right to pursue your full 50% entitlement and to have her actions in failing to make payments on time taken into account and to seek an adjustment in your favour to reflect the harm her actions have caused you by damaging your credit record. 

But as above, you need to get proper legal advice, not paying for a solicitor in this situation a false economy.

BTW, if *you* have not remarried, you are free to make an application to apply to the court if you can't reach agreement, and if the house is already being marketed you need toto confirm, in writing, to the conveyancers that there is as yet no agreement in relation to how the sale proceeds are split and that they must not release any of the funds (other than to pay off the mortgage and estate agents costs) until they have written consent from both of you setting out ow the proceeds are to be split, or a court order.  Make sure you keep a copy of that letter.