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Bridgend
Mid Glamorgan
Wales
CF31 1BZ | |  | | | | | | |
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Questions Answered.
If you have any questions please telephone me Katie McColgan
Tel : 01656 645525
Q. Percentage gain.
I was divorced 10 years ago and the house I still live in was split 70% to me and 30% to my ex-partner. I had custody of my two children. My partner wanted to take her name off the deeds at the time and she has not made any contribution to the mortgage or upkeep of the property since. The property was valued at £75,000 at the time of the divorce. Will she get 30% of that or will she get it at today’s value?
A. I’m afraid the norm is that it will be today’s value. The Court’s main concern when a couple split up is the welfare of the children. I presume that they have now reached 18. Where there isn’t enough money to go round the Court has a difficult decision to make, because it’s likely Percentage divisions rather than fixed sums are a much fairer way of apportioning assets over a long period. Theoretically, if your ex-partner had had her 30% 10 years ago, she could have invested it to achieve a figure similar to what she will receive from you now.
Q. Untying the knot. I left my ex-partner two years ago, and after about a year, our house, which was in join names, was repossessed. The finance company says £25,000 is left after paying off the mortgage and another loan. We have a 10 year old daughter and my ex-partner pays no maintenance. Could I claim more than half the money, and do we have to sign for it together since he has a history of violent behaviour?
A. At this stage, the £25,000 will be split 50:50 between you, although the finance company will probably want assurances that there was no agreement to divide your shares in the property differently. You will probably also have to sign to agree to the firm’s administration charges, something which you should examine carefully. However, you shouldn’t have to attend the firm’s offices together or even at all, since this can all probably be done by post. You should contact the CSA about maintenance for your daughter, but regrettably, this cannot be backdated. You should discuss your split with a solicitor as soon as possible if you hope to claim a greater share, but this will largely depend on any contributions made or agreements reached in this regard. Possibly, you could seek a claim under the Children Act for lump sum.
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