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Property after divorce

(9 Posts)
AliceTown Mon 26-Jun-17 18:48:08

House purchased 2007, separated 2008, divorce completed 2011 (I think). 50/50 childcare arrangement in terms of nights but the majority of days fell to me until youngest started school in 2011. I moved out and rented (couldnt afford the mortgage). He was supposed to pay me £1500 to cover me buying new stuff but never did. House was in negative equity so it wasn't sold.

He kept saying he would sort a clean break order but never did (he sent me a draft once) and instead ran up £20000 of mortgage arrears, concealing the letters and hearings from me. I accept it was still my responsibility to make sure the mortgage was paid.

He's now got a great job and wants to remotgage and get me off the property. I've never paid the mortgage as I was a SAHM and then after I moved out he paid the mortgage because I didn't have the benefit of the property.

I'm interested to understand whether the division of equity would now be 50/50 because we are not married (is this the TOLATA thing?) or whether it would be dealt with as a divorce claim, whether I can make him responsible for the arrears and whether I have any chance of getting any equity so that I can now buy my own property as I haven't been able to get off the mortgage until now. Also whether the fact I've remarried affects anything (I don't want to make a claim against him as such, I just want my half of any equity given that he benefits from being on the property ladder).

Appreciate no one can give certainty but any sort of clue on any of the questions would be appreciated. It would also be helpful to know if legal aid is available for this as I am currently unwaged.

babybarrister Mon 26-Jun-17 21:38:11

Message withdrawn at poster's request.

AliceTown Tue 27-Jun-17 08:57:19

Neither of us brought any claim against the other re finances as part of the divorce.

babybarrister Tue 27-Jun-17 10:08:03

Message withdrawn at poster's request.

AliceTown Tue 27-Jun-17 10:16:42

Is that because it would affect whether it was done as a marriage thing or a tolata thing?

prh47bridge Tue 27-Jun-17 11:38:21

It will affect whether you can make a claim at all and, if so, the form of the claim.

AliceTown Tue 27-Jun-17 12:20:09

How is it "a claim" when it is a jointly owned property - the mortgage and deeds are in both our names? Or does it just somehow become his just because he's been sat in the property?

babybarrister Tue 27-Jun-17 13:43:43

Message withdrawn at poster's request.

AliceTown Tue 27-Jun-17 17:06:50

Thank you. I appreciate the advice. I have literally not even a penny I can put towards legal fees currently so I'm probably going to have to sit tight and wait for him to make a claim I guess and hope I get a fair hearing against whatever fancy barrister he hires <hollow laugh>

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