Gaining access to family home by estate agent

[Car loan pain]

I have been divorced for 4 and a half years ex lives in family home with grown up children . I have remarried and live in private rented accommodation. I left with practicall nothing apart from kids beds and clothing . Ex pays maintenance always late . My name is on the deeds ex has been paying mortgage but now I want what I'm owed and I want the house valuing to see if there's any equity in it . How do I go about this I don't have much money so couldn't afford to go to court . I put 20 years into that house I know it still has a high mortgage on it but I'd still like to know if there's any equity in it . TIA

[Peridot]

Re: Gaining access to family home by estate agent

Hi Car loan pain,
When you divorced was a financial settlement Order made by the Court? If there was did the Order indicate when you could get your share from the property? What is the maintenance for and was this by way of a Court Order? Do you have children from the marriage to your ex living with you or are they at the former matrimonial home?

Have you spoken to your ex about obtaining your share and how this could be dealt with, whether they take a loan to pay you your share or whether they are willing to sell the property to release the equity?

You mention 20 years at the property. Were you both on the title deeds from the start and both responsible for the mortgage? I assume you have not paid any mortgage since you split up?

In the first instance I'd have a google and check out rightmove/zoopla type sites for similar style, size properties in the same area to see what they are going for.

Lots of questions rather than answers I'm afraid.

[Car loan pain]

Re: Gaining access to family home by estate agent

Ok sorry probably didn't explain myself very well . Nothing was done about the house in the divorce as at the time there was no equity in the house so originally I planned to have my name removed from the mortgage but changed my mind . I haven't paid towards the mortgage since August 1st 2012. We had been married for 20 years may 16th 2012 . The maintenance is paid for our son who is 9 and lives with me this was set up by the child maintenance services.. My name has always been on the deeds and mortgage. We do not communicate apart from text to arrange contact with son . I have ask for a valuation he just ignores me . I don't really know what my rights are I know I can't just go into the house because I don't live there and I don't have keys any way . How do I get a valuation

[Peridot]

Re: Gaining access to family home by estate agent

Hi again,

The issue you have is as you've been divorced and no financial settlement has been agreed for some time (due in part to the equity issue there was on the former matrimonial home I suspect). The courts' approach to financial claims made after a period of delay does vary depending on the specific facts of the case. In principle there is no limitation for such a claim, but the court may be unsympathetic to someone who applies for financial relief many years after the parties' divorce or separation. They may also insist that the valuation of the home should be the value at the time of the divorce and not necessarily the value now, particularly as you have not contributed to the mortgage since the split?

Having not contributed since the split (apologies if I have misunderstood and you have been), it is unlikely a Court would order that you have a share of any equity that has arisen since that time.

I appreciate you had a 20 year marriage and the fact that you contributed to the mortgage during that time, but if there was no equity in the property when you split then there was nothing to divide then. Would it be fair that you gain from your ex's continued payment of the mortgage and maintenance of the property since then?

There are a lot of factors that the Court's take into consideration when dealing with the financial settlement from a marriage, there qualifications, earning capacity, the housing needs of any children etc, even when the couple agree between themselves the division. The Court still considers the various circumstances of the parties before making an Order. This also happens when the parties are agreed on the division and they just need the Court to approve a Consent Order (where the parties are agreed).

I really would recommend getting a free half hour or reduced fee initial appointment to discuss your options for finalising the financials. Then you can decide how to proceed.