Ex From Hell still going on 17 years later!!

DeeDeeinDooDoo

Hi again,

KF. Hearing what the barrister said to you has helped a lot, whilst I still dont think I can understand why the non=resident partner would be apportioned more is a bit tricky for me to digest at the moment. As you say my sister seems to have been given a better than average split which must have been to take into account that she took on the repayments for all the debt ie second mortgage and the rest.

Yes, the resident partner gets the benefit of the property (but not for free!) they also take on the burden ie boiler repairs, boiler replacement, roof repairs all of which my sister has had to take on in order for 'their' children to be safe and warm.

I'm going to stay with her for a week to help work out what to do. It seems now that selling up at the time would have been the least costly option. It is so difficult to go through separation when there are young children involved and all she was concerned about was the children not being disrupted any more than was already happening. I think (know) that people agree to anything to get it over and done with some times.

loftus

neneromanova wrote: »

Why does he want £40k and not the £32k which is 1/3?

A third of £120k is £40k.

neneromanova

DeeDeeinDooDoo wrote: »

We thought that it would be value of house less the outstanding mortgage (my sister paid off the second mortgage due on it) and then divided by three. So we thought 120-23ish=97 / 3, he would get 32K which is horrendous enough. But his solicitors are demanding 40K.

This is the bit I read that said he would get £32k.

sp1987

Check that any agreement states ''leaves school at 16'' and not ''leaves full time education''. If the agreement was that the house remained unsold until the child left education then she may have time to play with, allowing her to make him a lower offer to get the money sooner than the date it 'needs' to be paid. Less money now (especially to someone swayed by cash and unable to keep hold of it for very long) may seem very attractive to him than more money later.

Plus, he will lose all his means tested benefits such as housing benefit if he has over 16,000 in capital. Wonder why he is so desperate to get it in a lump sum if he is claiming HB so isn't in a position to buy? Would just be used paying rent...maybe he intends not to declare it (you haven't portrayed him as being the most moral of souls?).

mark13

The upside is that house prices are relatively low at the moment.

Proc

It's normally the men that get shafted like this during divorce.

neneromanova

Offering him £25k seems reasonable. If he's meant to get £32k after the mortgage is taken out of the picture, she could then go back to him and say well you owe me £5 X 52 week X 17 years X 2 Children which = £8840 for maintenance which hasn't been paid. I said £5 as this is what he would have had to pay even if he was on benefits. so £32k - £8840 = £23160 so he would be getting nearly £2k more than he should be getting. Or you could offer £20k and see what he says. Plus I would DEFINATELY mention that he won't get HB and see what he says to that as once the money is in his hands you could happen to mention this to the HB people.

loftus

I agree, definitely worth making him an offer.

Taffyscot

My sister worked all her life and married a dead beat too. She paid the mortgage and all the costs of the house, he didn't work but stayed home chain smoked and took huge doses of legal drugs and drank. She left after many years and continued to pay the mortgage for years. Then she got a divorce and went to court to fight him for the house. She won the house outright and he didn't get a penny from it. Because of that she was able to keep the house and did not have to sell it and still has it today. She did not sign an agreement before hand tho but she did get the house on the grounds that she had paid the mortgage fully all those years and the court would not take into account the years he had lived in the house and he said he contributed to the household.

taffy

kazwookie

Go with your sister and get proper legal advise................don't make an offer or anything, till your sister has the advise