I have been divorced for about 6 years now. Prior to my divorce, my exwife and I lived in the property in which she now lives with her new husband and my son. When I left the marital home, there were no formal arrangements as regards finances, child maintenance etc as we preferred it like that (split was amicable).
I decided to let her keep the house, on which she continues to pay the mortgage. I however, took on a considerable debt for other borrowings etc that we had accrued over the time we were married, so she could afford to keep staying in the old house. However, my question is this :- My name is still on the deeds of the house although I no longer pay any of the mortgage. However, up until the divorce, the mortgage was paid 50/50 and I was wondering if I am entitled to any equity from that house that had accrued up to the point where I stopped paying (around 5 years give or take)? i.e. if the house was woth 100 thousand when I left (we bought it for 50 thousand) would I be entitled to any of its value at that point ? The house today is worth about 185 thousand.
Did you make any claims against your wife when you divorced?
Sounds as though you may not have done. If this is the case you can apply using Form A, but you need to leave of the Court and this is only given if
(a) you have a reasonable chance of obtaining the relief sought and
(b) there has not been an unreasonable delay.
Any delay is prejudicial to your case. If you are going to act at all, you must do so NOW.