protect my mother's assets - horrible divorce

horsmai

Hi,

My mother married a nasty piece of work who after 2 years of bullying and drunken behaviour, she divorced. He then moved out and moved in with another woman. The divorce went through about 18 months ago. She soley owned the house before they were married and never put his name on the deeds, however recent legal advice suggests he is entitled to half. She is retired and never earnt much (teaching assistant in a special needs school). He is 55, used to earn double her salary though he lies about this (but we have p60s to prove) but is now on the dole and this is why our recent advice has said because he now has no income he may be entitled to half the house and savings.

He didn't contribute to any renovation or running of the house, but is determined to fleece her for all he can. He laughs whilst saying this to her.

Are there loopholes such as her transferring the house to her children before legal proceedings start? There are 4 sisters to split it equally with, the same goes for her savings - (obviously she would still live there and we would provide her with the savings whenever she needs them). Us 4 sisters did previously club together to pay off the remainder of her mortgage, so maybe she can transfer some assets to us a debt repayment etc? Also if the assets were split equally between the 4 of us could this make things more awkward if he did have a right to try and retrieve any of these assets after they were transferred?

He did start proceedings off previously but then lost interest, however now he's apparently using legal aid (was sacked from previous job) and prepared to put all his time into it. Our solicitor said there have recently been 2 cases where the marital home was split regardless of who owned it and was on the deeds due purely to CURRENT earnings, sop his p60s are now useless. She is a frail 65 and very stressed by this so we are prepared to look for loopholes to remove the assets from the picture or make this as difficult as possible for him if it is likely to mean she keeps her house. Any advice would be much appreciated.

RAS

Hi

When you mother divorced this nasty piece of work, what was the financial settlement?

Has your mother actually taken any legal advice herself or is this what he is telling her now?

The usual rule is thart for a short marriage lasting two years or less, the courts aim to return both parties to the situation in which they were prior to marriage.

margaretclare

If your Mum had insisted on a 'clean break' settlement then nothing could have been done by her ex. The divorce was 18 months ago - it shouldn't be possible for an ex to keep coming back and back for more. Clean break means that neither of them has any future claim on the other, but not everybody seems to have heard the words 'clean break'.

Jinx

If they are divorced how is he even able to launch a claim now??? Am I missing something, as I thought the finalised divorce was the conclusion of all sorting out finances and such like? (tho we do do thing a wee bit different in Scotland didnt think this would be) Confused....

meritaten

I am confused here too - I thought once a divorce was finalised then neither party had claim on the other unless children were involved?
the court at the time of the divorce obviously didnt think that your mums OH was entitled to half the house then and now that the divorce has gone through why would they change their minds and award him half the house retrospectively? this would mean that any divorcee no matter how long they have been divorced must now be living in dread that one day an ex-partner could just come along and say 'oh dear, I am in dire need now and will take half the house that i didnt want before'!
doesnt make sense! you sure she is actually divorced? because i find that solicitors advice incomprehensible tbh.

Mojisola

This man is still bullying your mother! She has no need to have conversations with him. Communicate only in writing so that what's he's saying is recorded. If he leaves phone messages or texts, keep copies of them. Don't reply by those means.

If the divorce went through, it doesn't seem possible that he should have any call on her assets.

Be careful about following up any of the ideas you mention. They could lead to other complications, such as when claiming benefits.

Would it be worth having a visit to another solicitor for a second opinion?

McKneff

Get your mum to a solicitor, most of them do a free half hour session.

I dont think that she has muc to worry about but just get confirmation legally just to put her mind at ease.

wendyloub

Now I've been going through this today, I am getting divorced but because I am now divorcing him, I am just going for a divorce without sorting the financial settlement, because that would cost me a fortune! if in the future he wants his share of the house he will have to get proceedings going. I didn't know you could do this until today.

I own my home outright, my father did all the work on it for free, and my husband lived here rent free for 17 years, he is still entitled to 30-35% of it, and if we didn't have children I think he would get 50%!!

It doesn't seem fair, its my house in my name, still in my maiden name in fact, but he has put a claim in on the property and is after his share, good luck!!

mackemdave

All a divorce does is ends the marriage links....It doesnt disolve the finacial links.A consent order is requied to resolve the finacial side of things,without a Consent Order then both parties can come back at any time in the future to make a claim.

As someone said earlier a marriage of two years is classed as a short marriage so both parties would be put back to where they were before the marriage.

Your Mum needs to see a solicitor to get this Consent Order in place ASAP....Both parties will need to disclose their finacial situation but hopefully your step father should not be able to get his hands on your Mums house....Get her to a solicitor urgently

mackemdave

wendyloub wrote: »

Now I've been going through this today, I am getting divorced but because I am now divorcing him, I am just going for a divorce without sorting the financial settlement, because that would cost me a fortune! if in the future he wants his share of the house he will have to get proceedings going. I didn't know you could do this until today.

I own my home outright, my father did all the work on it for free, and my husband lived here rent free for 17 years, he is still entitled to 30-35% of it, and if we didn't have children I think he would get 50%!!

It doesn't seem fair, its my house in my name, still in my maiden name in fact, but he has put a claim in on the property and is after his share, good luck!!

You are mad not to sort out the finacial side when your divorce goes through,you will never be able to sell your house if he has put a claim on it.....After 17 yrs he is entitled to at least 50% of the increase in equity of the house in that time...No solicitor should allow you to apply for absolute if the Consent Order is not in place

mackemdave

He is 55, used to earn double her salary though he lies about this (but we have p60s to prove) but is now on the dole and this is why our recent advice has said because he now has no income he may be entitled to half the house and savings.

You would not be able to use the P60's to prove his earnings,as they will probably have been acquired by you illegally.......Which is no longer allowable