help for mum

sweetnest

Hi, i`ll try to keep this short. mum is 75 yrs

She bought her council house outright about 20 years ago for £13,000. Few years later she re mortgaged to £30,000 for improvements. She met a boyfriend who paid £15,000 into this re mortgage to help her out with the interest payments. The house is now worth £150,000

Anyway, she now wants him out. We have found out he is on the title deeds, doing a search on the land registry shows that he has been on the deeds for about 5 years with her, we cant see any percentage there.

Does this mean it is a 50% split?

She is seeing a solicitor next week to find out where she stands. She seems to think that she will just have to give him back his £15, 000 and he`ll leave. I dont think it will be this easy

Has anyone any advise we can give her, also he pays no bills, she pays it all, even to the mortgage interest payments

thanks

sandydog_2

I've just downloaded a factsheet about divorcing and property - I'm not 100% but I didn't think there was any difference these days between cohabiting and being married.

For more information on divorce visit the divorceUK.com website
FACTSHEET ON DIVORCE AND PROPERTY - England
The starting point is to list the houses and flats owned by a couple
(sole name or jointly). In most cases this will be a family home with
a mortgage, but many couples have a holiday home or have
invested in flats to let. Consider a number of circumstances,
1. Family house in joint name. Clearly, each party has a financial
claim.
2. Family house in sole name of wife. The husband has
matrimonial home rights in the property. He may also have a
beneficial interest in the property if he has contributed to the
purchase price (by assisting with the deposit or making
mortgage payments). To prevent the wife selling up the
husband can register a charge against the property.
3. Holiday house & flats to let in husband's name. The source of
funds for the purchase has to be clarified before an equity
claim by the wife can be put forward. Did both parties
contribute to the properties or did the husband buy and run
them with his own wealth ?
The classic family home scenario is that the parties separate and
either
• agree to sell up or
• one buys out the other or
• there is no agreement about what to do.
If there is agreement to sell or buy out it is best to have the terms
clearly stated in a legally prepared Separation Agreement.
Careful wording is required to ensure that the desired
sale/transfer/release from mortgage obligations are achieved
within a timescale. The bank or building society will have to agree
if one party is taking over the mortgage solely from a prior joint
obligation.
Disagreement is normally where one party has moved out and
the other is content to remain (perhaps with children). The absent
party may still be paying all or some of the mortgage costs and
be paying for another place to live. There is a moral dilemna
concerning forcing the issue when children can be affected. That
said, it is unfair to saddle one party with excessive financial
burdens and make equity unavailable.
So, what can be done if there is a lack of agreement ? Firstly, it is
wise to instruct a good divorce lawyer to write to the other
spouse in the hope that the lawyers can negotiate settlement. If
that fails then court action must be considered.
What factors will a court consider if there is a lack of agreement ?
The court has a very wide discretion as to what orders to make in
an action for ancillary relief. This means that the house is
considered along with all other assets and liabilities. The court will
have regard to,
(a) income, earning capacity property & financial resources of
the parties
(b) financial needs & obligations
(c) the standard of living enjoyed by the family before the
marriage split
(d) age of each party and duration of the marriage
(e) any physical or mental disability of either party
(f) contributions which either party has made/will make to the
family welfare
(g) the conduct of the parties and
(h) value of assets (eg pension) which other party would lose on
divorce.
What housing orders can a court make ?
1. Order for immediate sale and division of proceeds - This
would be appropriate where the house equity is large
enough to be divided to allow each party to buy another
property. It can also apply where there is not enough money
to pay for the mortgage and other running costs.
2. Outright transfer to one party - If one party wants to remain in
the house a transfer order can be made as long as it is fair eg
• the equity is offset as the other spouse retains his
pension
• or payment is made as compensation to the other
spouse
• or the other spouse retains a charge over the property
for payment on a future sale.
3. A Mesher order - The order for sale and division is postponed
during dependence of children. The question of how
the running costs are met has to be addressed. In due
course a pre-determined event (such as the youngest
child's 18th birthday) will trigger a sale and the house
proceeds will be divided.
Each case has to be looked at on the basis of the specific family set
up and financial circumstances. Advice from an experienced
divorce lawyer should be sought before agreeing terms or embarking
on a particular course of action.
In the situation where the family is wealthy (by virtue of a family
run business or a farm etc) there has been a recent development
in the law (White v White, Oct 2000). This case blew apart the
notion that the wife should get a sum roughly based on one third
of the family assets. In the White judgement the Law Lords said a
couple's assets should be split down the middle unless there is a
very good reason to do otherwise. So Mrs White received an
award nearer to one half of the assets.
The value of property can increase or decrease post separation.
In England & Wales the courts are more concerned with current
values than date of separation values.
What to do next?
♦ Do not be afraid of approaching a divorce lawyer - see our Exhibition
Hall
♦ You will not be charged for making an initial query to a lawyer
♦ Briefly outline your situation. Eg, ‘I am wanting to divorce my
husband/wife and considering instructing you. Here is a brief outline of
my situation….., if you can help could you please give me an idea of
proceedings and costs…’
♦ Ask for a ‘FREE’ 15 minute meeting.
♦ Be prepared for this meeting as time will go by quickly. Important
things to mention are:
- the grounds for your divorce etc
- dates of marriage, separation etc
- bring along marriage certificates, children/s birth certificates etc
- discuss costs and come to an arrangement
(Refer to the ‘how to use a lawyer’ section on the site for further
assistance)
Preparation could save you time and money.
Good luck!
For a comprehensive guide to all kinds of divorce issues and how to find a
good lawyer, visit the divorceUK.com site. The online divorce resource.