I have my Decree Nisi, so not long now. My ex and I had made an agreement that he would get 30% of the equity of the property with 70% going to me and our 2 kids.
We did the figure from the valuation of the property at the time.
I have paid for the mortgage and the debt since he left. I have also made a lot of renovations etc which has increased the value of the home.
The house is up for sale as he needs his share, but has now decided he wants to benefit from all the work (and extra payments!!!) that I have made.
The agreement was between us, though we did get it witnessed by a solicitor.
Can he go against this now???? If so, what can I do?
No it wasnt put through the court, we had agreed between us this would happen. The figure (in money from the value of the property) was stated on the agreement.I have a Clean Break order in, but he has yet to sign it.
The house was a state when he left, I have put so much into getting it right to sell it.
OK, what you have is a "concluded agreement". This will not be a silver bullet but it will hold weight in court. If he wants to get any more than the figure specified, then he will have to show a good reason why. He would have to convince a judge why he agreed to that figure at the time, but has since changed his mind. Under the circumstances it seems pretty unlikely that he would succeed, and if he tried, you should make a costs claim.
Most likely he has changed his mind because he wants more money! But that will not be good enough for a court.
Yes it may affect the divorce going through, it is usually a good idea to conclude the finances before applying for Decree Absolute. So if he is being a PITA and refusing to sign the Consent Order, it may delay absolute.