I am writing this to tell you all what the Judge said in our case.
My NP had paid the mortgage on his home for two years, she (his ex wife who he divorced some five years ago) asked him to take her name off the mortgage and deeds to the FMH, because it was in negative equity and she could not get a mortgage on her own place, based on their debts and mortgage at that time. He did this, but now five years down the line she wants 70% of the profit, he eventually made on it. This amounted to somewhere in the region of 42k. We had actually paid 35k in mortgage payments on that property, so therefore the actual profit amounted to some 7k. His former ex and her solicitors have been arguing for past 3 years to claim 70% of the profit! Our argument has been, why should she be entitled to any of it considering she has not paid one penny towards any of it or associated bills, i.e council tax, water ect ect.
The actual 7k profit that we got from the sale actually belongs to myself and husband as I had remortgaged my home to pay it off and therefore I became part owner. She and her solicitors refuse to acknowledge me in any way, shape or form. So there fore we believe that she may be entitled to half the 3.5k he owns.
Anyway the outcome at the FH (which is still ongoing it was adjourned) was that the Judge accepted our arguement. (not the half of 3.5k, we havent mentioned that one yet and thats why I am applying to be an intervenor).
But she accepted that all the mortgage payments some 35k needed to be taken off the profit of 42k as these were not normal living expenses, the house was empty and was on the market. My husband has to work out how much he had spent on mortgage payments from the time she left till the time he moved out and the property put up for sale. These payments are considered normal expenses and therefore cannot be taken out of the profit.
So the bottom line is..............(in our case) if you live in the property that your former spouse is not paying for, then your mortgage payments become part of normal everyday living expenses and you will not be compensated for them.
If I were in that position, then i would have the house valued at the time of their leaving, i would count up how much i have paid for in mortgage payments, if when it gets to court,the price of the house has risen, then I would be arguing that the profit made since separation, belongs to you.
In our case the Judge also said that she, (his ex wife) had it of not been for my husband freeing her up from the mortgage and all associated debts, then she would not of been able to make profit in her own property deals of some 42k and that, that factor also needs to be taken into account.i.e that if she is entitled to any of my husbands profit, then so is he entitled to some of her profit and it will all be taken into account. The trouble with her owing him money is..........shes spent all her profit on solicitors. Some 30k and the 12k left?? well who knows where thats gone? She wont disclose it!
Hopefully its not been a to boring a read folks!
Thanks for sharing. I am in a similiar situation. I moved last year after selling the MH.
He had not contributed a single penny towards the mortgage or the upkeep of our children, yet he is trying to claim 50% of my new home, stating that I took all the proceed from the MH from which I have paid all his debt and took what was left. His debt £180k and I took £130K Now he is after another 50%.
Just finding myself in this situation. She has left the home leaving me to pay bills and bring up my daughter. Are you then saying that if I somehow manage this feat that I will still be paying her 50% or more when it eventually gets sold? and how can I sell it wihout her consent?
Hello again, geldap. If she doesn't consent you will need to apply to court for 'financial relief ancillary to the divorce' However, courts normally don't have the authority to make a financial order until after the divorce Decree Nisi has been granted so the first step is to make an application for divorce.
Clean Break is only possible if you both agree and that can take years to happen if you dont!
P.S. and how fantastic that would of been, in our case! The trouble is in our case, my partner and his ex split on amicable terms! No need for a Consent Order because they were on friendly terms!!!!!!!!!!!!!! lmfso! That is until a new partner came on the scene some two years later, namely me and I actually had assets! Never mind the fact she'd ran off with some fella two years before, but what a shame they are now skint! Lets go after my ex! see if we can get what his new partner has worked all her life for!!!!!! Yes O to have that consent order and a god damn Clean Break! What bliss that would of been! But you know something? A Consent Order is not worth the paper its written on or stamped on by a Judge unless you have had legal advice at the time! (Pity they couldnt of afforded a solicitor at the time!)