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Unresolved matter , exh and house.

3 replies

deeeja · 22/07/2008 01:02

Around 10 years ago, I got divorced from my ex-h, and at the time my solicitor registered my claim on the house via land registry. The house was supposed to be sold and the assets divided. However exh has proven to be slimy wanker and has refused to sell house, or give me my share of money. This has been going on for ten years, and I am now fed up with all the nonsence. What can I do legally? Can I force the sale of house? Anything?
I want the money obviously, and want to relocate.
All advice would be much appreciated, this is such a headache.

OP posts:
madamez · 22/07/2008 01:25

Talk to your solicitor. I think there are ways of forcing the sale of a house or at least forcing your XH to pay you half what it is/was worth (don't know if the sum would be calculated on house's present value or the value at the time it was agreed.)
The only possible problem might be: do you have DC with this man and does he have custody, because if it's the 'family home' and the DC live there, then a court might be reluctant to force the children out of their home.

OldLadyKnowsNothing · 22/07/2008 02:06

I agree with madamez, and I'm pretty sure that the amount he owes you would be based on what the house was worth at time of separation/divorce. Have you checked your divorce agreement? Might be more information there.

willweeversell · 22/07/2008 09:22

Hello

you can most definately force the sale of the house, as long as you do not have dependent children living there, of course.

This type of situation happens quite frequently unfortunately and there is a process in place for resolving things. It will be more costly than if your ex would agree to do things amicable, and it will be a longer process (about 6 months on average but I think it does vary quite a bit)but hey if you have waited 10 years what have you got to lose.

One thing though, I believe that all the calculations will be based on what the property was worth at the time you split up or stopped paying into it, although there are sme ways to get around this as in theory you could argue that your ex should have been paying yu 'rent' for living in your share of the house. I am not an expert in this but my DP went through this before he met me so I know a bit about it .

Go and see your solicitor, and good luck!

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