Can anyone help us find out what our position is with this before we end up risking a court battle?
My husband divorced his ex wife about 8 or 9 years ago. They agreed a deed of separation but never signed it, so I guess it doesn't stand.
There were two houses: one worth a fair amount more than when they bought it, and one in negative equity which they had lived in for one year before moving away for my husband's job, and couldn't sell at the time. They agreed that she could keep the proceeds of the profitable house, which she did, and my husband would keep the £23k house. He signed all the papers and she sold her house. He never got round to sorting out the paperwork on the other house.
Now we really need to sell/change the mortgage on this house due to an underperforming endowment and she refuses to sign over the house saying that it is half hers. It is now (finally) worth more than it was bought for, so there would be a profit if it was sold. The house is about 300 miles away from my husband's work, so it is let for an income that covers the mortgage and most of the insurance. We live in a second house that we own jointly.
Her financial situation is worse than ours in that she works sporadically (for no good reason) and rents accomodation. She remarried overseas, but he was not allowed to live here so she never saw him again. She is currently (unoffically) living with a partner and his kids.
The two shared children live with us, and there is a court order allowing her to see them a maximum of six weekends per year, so no issue about providing them with a home. We also have a baby, and I have given up work, so our financial situation is quite tight, to say the least.
We fear that if this goes to court she will be awarded 50% of the proceeds of any sale. Anyone any experience of this sort of situation?