I left my exh in 2008, divorced in 2009. We attended mediation to sort out the finances, I had savings in my sole name (about £40,000) and we shared a house (equity about £60,000 at the time). It was decided that i would keep my savings and he would give me a £5000 lump sum and buy me out of the house (45,000 for me and 55,000 for him). So a clean break order was signed and released by the courts.
However, two years on I am still waiting for my £5000! Exh is still in the house and I am still on the mortgage. It transpired he couldn't get a mortgage in his sole name to give me the £5000, so the house has been on the market for a year, no luck with it selling.
I have recently been contacted by his solicitors (got rid of mine as they were shite) saying he wants to renegotiate the clean break order as he thinks he is entitled to some of my savings (despite having the lions share, that being the equity left in the house). However, house prices have dropped, he has paid pretty much nothing off the mortgage ( we had overpaid which kept us in credit for so long and also had a years mortgage break) and the equity stands now at £32,000. I have made no contribution to mortgage payments since I left as I was only getting £5000 anyway. I have no savings left as I had to start from scratch when I moved out.
What I would like to know is:
a) if you can renegotiate a clean break order?
b) if this is the case will it go on what we had then or what we have now? In which case I would be entitled to half the equity in the house as I have nothing now? (I'm sure he thinks i've got thousands stashed away somewhere - I wish!)
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Consent/clean break order problem?
11 replies
Bignorkz · 01/01/2012 17:04
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