Jjf Posted February 15 Share Posted February 15 Hi, My ex and I are divorced and have a mesher order for me to live in the house for the next 5 years with the children. Our financial order states “for house repairs, three quotes are to be obtained”. It does not state who pays for the repairs but I assume this means we pay equally for structural repairs to the house as we are both co-owners. Five years ago my now ex deemed it necessary to repair the gutters, soffits and rendering of our house and we had quotes and had agreed for the work to be carried out. We never had the work done due to lockdown and then our divorce. The work still needs doing and the cracks in the rendering and condition of the gutters is deteriorating. I have emailed the original quote to my ex and told him this work does still need doing and he is refusing to pay anything towards it and states it is not his problem and he has his own house to maintain. (A house he has recently bought so not a rental where he wouldn’t profit from any maintenance). Am I right in thinking the court order implies it is both our responsibility, otherwise why the need to obtain 3 quotes and is he in breach if he refuses to pay half? I assume all I could do in that case is document all the costs I have paid (I am on benefits and cannot afford to pay the full cost of repairs currently, he earns a substantial wage) and present this to court in 5 years time and ask for a bigger share of the equity? many thanks for any advice/info. Quote Link to comment Share on other sites More sharing options...
Peter B Posted February 22 Share Posted February 22 (edited) On 2/15/2025 at 6:05 PM, Jjf said: Our financial order states “for house repairs, three quotes are to be obtained”. It does not state who pays for the repairs but I assume this means we pay equally for structural repairs to the house as we are both co-owners. Five years ago my now ex deemed it necessary to repair the gutters, soffits and rendering of our house and we had quotes and had agreed for the work to be carried out. We never had the work done due to lockdown and then our divorce. The work still needs doing and the cracks in the rendering and condition of the gutters is deteriorating. I have emailed the original quote to my ex and told him this work does still need doing and he is refusing to pay anything towards it and states it is not his problem and he has his own house to maintain. (A house he has recently bought so not a rental where he wouldn’t profit from any maintenance). Am I right in thinking the court order implies it is both our responsibility, otherwise why the need to obtain 3 quotes and is he in breach if he refuses to pay half? I assume all I could do in that case is document all the costs I have paid (I am on benefits and cannot afford to pay the full cost of repairs currently, he earns a substantial wage) and present this to court in 5 years time and ask for a bigger share of the equity? many thanks for any advice/info. Hi @Jjf, That sounds incredibly frustrating, you're in a difficult situation and it's understandable that you're seeking clarity. Here are some potential actions you can take; The order strongly suggests that both parties are intended to contribute to the cost of repairs, otherwise, there would be no logical reason to obtain 3 quotes. The purpose of obtaining multiple quotes is to ensure a fair price for work that both parties are expected to pay for. It is very common for structural repairs to be split equally between co-owners. While the financial order implies shared responsibility, the lack of explicit wording makes it difficult to definitively say your ex is in clear breach. However, his refusal to contribute, despite the previous agreement and the documented need for repairs, is likely to be viewed unfavourably by a court. The fact that the work was agreed to be done prior to the divorce, but was delayed due to the pandemic, strengthens your case. It's important for you to document everything, keep meticulous records of all communication with your ex, including emails, letters, and any verbal agreements. Retain copies of the original quotes, any new quotes you obtain, and any receipts for work you pay for. Take photographs and videos of the deteriorating condition of the gutters and rendering. Consider sending a formal "letter before action" through a solicitor. This letter would clearly state your position, reference the financial order, and demand that your ex contribute his share of the repair costs. This formal letter may bring him to the table, and avoid court. You could apply to the court for a variation of the financial order or for enforcement of the existing order, however this would require legal representation, which can be expensive. If you choose to wait until the end of the mesher order, you can then present all your evidence to the court when the property is sold, and request a larger share of the equity to reflect the costs you incurred. In summary, while the financial order is somewhat ambiguous, you have a strong argument that your ex should contribute to the necessary repairs. Document everything, seek legal advice, and consider mediation before taking further action. It's strongly recommended that you consult with a family law solicitor - they can provide tailored advice based on your specific circumstances. Peter Edited February 22 by Peter B Quote Link to comment Share on other sites More sharing options...
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