To cut a long story short, ex and i divorced 5 years ago, he still lives in FMH with children(6 of, 2 under 16).
Joint names on mortgage still, but have been told that as he has remarried i can claim my part of the FMH. Does anyone know if this is correct? as would love to be able to start again with partner without this hanging over us
If the children are yours and they are living in the FMH with your ex it is usual for the courts to issue a mesher order. This is where you would get your share of the FMH once the youngest child reaches the age of 18. Was nothing like this sorted out when you divorced?
This is where it cuts both ways! I make this statement because mostly it is the ex-wives that end up staying in the FMH with the children and the ex-hubby usually has to sit and chew the cud whilst waiting to release any equity from the former home. They also have to pay child maintenance and sometimes spousal maintenance too. Do you pay anything towards the children? (Thats if they are yours ~ I am assuming!)
So you see it cuts both ways. Your situation is the reverse to most but still the court would order the same.
Maybe if you post some more information about how the divorce was originally settled someone on here may be able to shed some light. Its sometimes so difficult to help with such little information.
I don't think you will be able to touch any equity at this stage with the children still being under 16 unless your ex can buy you out?
Hope this helps a little - sorry not more I can say at this stage.
Looking at it from his new wifes point-of-view, I'm sure she'd be very happy to see your name of the Deeds!
My first point of call, would be seeing if she wants to buy your share? It can't be easy for her living in a new marital space, whilst knowing you have a 'hold' over it.
Also, she may come to resent any improvements she makes, knowing that eventually you'll profit by her generosity!
So that puts you at a good advantage!
I'd start with finding out how much of it you own, and approaching them to buy your share at todays value. (They might prefer to do this - than have to share more down the road)????