Q&A Three years after divorcing my ex still hasn’t paid me my share of the house!

Q.        My ex-husband and I were divorced 3 years ago. It was agreed that he would pay me £50,000, the house would be put in his name, and he would get me off the mortgage. However, I have still not received my money, the house is still in joint names, and I am still on the mortgage. Without the money I cannot buy another house with my new partner, and I am stuck in rented accommodation. What can I do?

A:        Without seeing the Court Order that was agreed and approved by the Court it is not possible to provide a definitive answer, but you should have options.

You should be able to apply back to the Court to ask that the order is enforced, and under the Matrimonial Causes Act 1973 you have the ability to ask that the original order is varied to enable the house to be sold if your ex does not comply with the original order. You may also be able to ask the Court to order that your ex-husband pays you interest on the unpaid sum. Given the length of time that has elapsed since the original order was made, that interest will not be an insignificant sum.

If you are left with no option but to apply to the Court, you can also ask the Court to order that your ex-husband be responsible for the legal costs you have incurred and the Court may well order him to pay you some or all of your legal costs.

You should consult with an experienced matrimonial solicitor who will be able to properly advise you on the merits of your specific case and discuss your options in full. It is worth noting that, depending upon your personal circumstances, Legal Aid may be available to you.

This question has been answered by Sean Rolinson, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Sean Rolinson

Sean Rolinson

Solicitor

Part of the Family and Matrimonial team in Wrexham