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Need advice for complicated situation for a friend...
Mics_chick
Posts: 12,014 Forumite
A male friend of mine is still married to his "ex" although they've been seperated for 10 years.
His name is still on the mortgage although he only paid towards it for the first year of their seperation.
He wanted to sell the house or get her to buy him out and tried numerous times but she kept stalling again and again.
Now she's had modifications made to the house due to her age-related disabilities.
This has now put them in a situation where there's another lean on the house by their local council, which is only removed if she dies or needs to go into a home.
Therefore it's now impossible for them to sell the house.
He has not divorced her until now coz he wanted the house issue resolved but as it looks like it that won't be for some time now he wants to start divorce proceedings.
What he wants to know is, is he entitled to a share of the house now anyway and also will it make any difference if they are divorced or not when the house is eventually sold?
His name is still on the mortgage although he only paid towards it for the first year of their seperation.
He wanted to sell the house or get her to buy him out and tried numerous times but she kept stalling again and again.
Now she's had modifications made to the house due to her age-related disabilities.
This has now put them in a situation where there's another lean on the house by their local council, which is only removed if she dies or needs to go into a home.
Therefore it's now impossible for them to sell the house.
He has not divorced her until now coz he wanted the house issue resolved but as it looks like it that won't be for some time now he wants to start divorce proceedings.
What he wants to know is, is he entitled to a share of the house now anyway and also will it make any difference if they are divorced or not when the house is eventually sold?
You should never call somebody else a nerd or geek because everybody (even YOU !!!) is an
"anorak" about something whether it's trains, computers, football, shoes or celebs 
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Comments
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You might find this case interesting http://www.familylawweek.co.uk/site.aspx?i=ed59249If you've have not made a mistake, you've made nothing0
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they need to decide between themselves what is the value, if any, of the agreed % property belonging to each of them....
then .. the resident owner can get a bank loan, or family loan, or sell some possession to raise the relevant amount to buy out the other party.. they dont have to sell the h ouse necessarily .... it depends on their individual circumstances....0 -
You might find this case interesting http://www.familylawweek.co.uk/site.aspx?i=ed59249
This case relates to an unmarried cohabiting couple, and cannot be compared to that of a divorcing couple.
The courts in a divorce situation have wide powers to adjust property shares based on the respective incomes, assets and needs of the parties.
Your friend needs to see a family law solicitor and get proper advice based on his own particular circumstances.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Mics_chick wrote: »they've been seperated for 10 years.
His name is still on the mortgage although he only paid towards it for the first year of their seperation.
What he wants to know is, is he entitled to a share of the house now anyway
If the ex has been paying the mortgage on her own for the last 9 years then I'd say they need to agree what the value of the house was 9 years ago and use that to work out an equity share.
Your friend needs proper legal advice for this assuming the equity 9 years ago makes it cost-effective.Every generation blames the one before...
Mike + The Mechanics - The Living Years0
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