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Decree nisi absolute advise

  • distress
  • distress's Avatar Posted by
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  • User
05 Dec 20 - 05 Dec 20 #514992 by distress
Topic started by distress
I have a Decree Nisi from 2006 which states when my daughter leaves ft education i have to sell the property.
Paragraph c of the order states with effect from the date of the order i will be solely responsible for all payments of capital and and interest on the mortgage and the amount to be deducted from the proceeds of the sale on account of any mortgage or borrowing in calculating exes share of such proceeds of sale shall be the sum outstanding on the mortgage on the date of the order 26 june 2006 and the value of the mortgage redemption will be deducted in calculating respective shares.
Can this be overturned he hasn't paid a penny for 18 years but still be entitled to 50% how can i stop this.
Last edit: 05 Dec 20 by divkickstart.

  • wikivorce team
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05 Dec 20 #514993 by wikivorce team
Reply from wikivorce team
It would be very difficult / almost impossible to challenge the Order now. The whole point of making these orders is to establish a clear and final position. There would be no point having them if people could easily overturn them years later.

Have you understood the order correctly? Its a bit tricky to interpret the wording but it seems to be saying that his 50% is based on the mortgage outstanding in 2006. i.e. that he will not gain from repayments that you have made to the mortgage account since 2006. But that he will benefit from the increase in value of the house. That's what it seems to be saying.

You should probably get this legal wording checked so that you are clear on the amount that you will have to pay him.

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