please help_hes taking my nan to the cleaners!

dp313

Just posted this in the wrong place hopefully this is the right area. I guess im after some similar experiences and direction for legal advice...here goes, I will give as much info as I can and will find out additional info needed as and when...

my nan has lived in her council house and rented it for upwards of 25 years, about 6 years ago she met a man who she has since been in a relationship until last October. In October he gathered the family together and told everyone how he was leaving my nan because he was unhappy, wanted to do more (he was a few years younger) etc etc. Didnt want anything, only his belongings and thanked everyone for being so kind. (liar!)

few weeks later we found out he was with another woman, had been for a while and had been planning to leave for atleast a few weeks, probably months. He works with the woman if that is relevant.

The house is worth 100K - they had to pay 14k to own it. my nan doesnt/cant work but does have reasonable savings. The house is in her name and always has been. - The situation is my nans ex partner took over the mortgage payments and continued to pay off 12k of the mortgage with my nan having paid the initial 2k. they wrote a will saying should anything happen to either of them that the other could live in the house then it would be split between the sons. During the past 6 years or so my nan paid the bills, paid for a 7k extension so effectively splitting all expenses down the middle.

His lies have sinse unravelled and after a few weeks a solicitors letter demanded a 12k pay-off for what he had paid towards the mortgage. Soon followed by an updated demand for 50% of the house, the house which was 14K due to my nan living there for a huge portion of her life (council discounts...)

my nan saw a solicitor who said he was only entitled to fight for 12k - then saw another who said he could well get 50% and she would have to sell the house should that happen.

Having just been round and finally having a good heart to heart with her I feel I need to do something to make sure she is getting the right advise and I know just how brilliant you guys and girls are on here so please point me in the right direction or share any useful info you can.

Surely he cant fight for 50K? It just doesnt seem right or fair, the house was heavily discounted because of my nan living there and paying council rent for so long, so for him to come in and pay the remaining measley mortgage of 12k and the leave her for another woman and then demand 50k is nothing short of a joke, having 3 rather angry sons I fear this could end up really really nasty and I would much prefer to think that our justice system would have atleast some element of common sense.

She is willing to pay him back the 12k he paid towards the mortgage but as far as I know she hasnt offered him this yet because my dad is preparing to fight the case via a solicitor. please please help me help my nan who is being taken to the cleaners by a con artist and a chancer and a bare faced liar, excuse my anger

I can find out specifics and more details if required but any feedback and help or direction would be much appreciated,

many many thanks in advance

DP

Tiddlywinks

My advice? Get your legal advice from a solicitor and not an internet forum - that is what is in your nan's best interests.

We do not know the timeline or all of the facts (minus your emotions) so our opinions will not help in what is likely to be a legal dispute.

Also, remember the other party may also be a forum member.

dp313

thanks for the reply,

all the usual legal routes are being followed, what I'm after is someone who has gone through a similar situation or knows the laws, I appreciate this should all come from solicitors but with contrasting advise given so far I wanted a third opinion!

I can supply any facts required which would be neccessary to give me an indication of how strong his case is.

The chance of him being on this forum is very slim, il try and keep it factual but it is an emotional issue at the moment

Tiddlywinks

You should not comment on here about this case if you intend to take legal action.

Regarding the chances of him reading it? Who am I? His new partner, child, friend? You just don't know, do you?

This is such a specific case that it would be easy to identify your nan if I were remotely connected.

What if they google this issue as well - could this thread pop up?

But hey, you go ahead and tell the world - it's not your case you're putting at risk.

Doozergirl

Is the house in his name at all? Or just hers?

And they're not married?

00ec25

Doozergirl wrote: »

Is the house in his name at all? Or just hers?

And they're not married?

he will claim he has acquired beneficial interest in the property through making the mortgage payments ... THE COURT will decide if that is awarded as the 12k or 50% of the entire property

bristol_pilot

Others are right - legal advice on a specific case needs to come from a legal professional, rather than from an internet forum.

But for what it's worth, the guy has made significant mortgage paymemts and lived in the property. This will probably be enough for him to establish 'beneficial interest' and claim a substantial proportion of the property.

This forum is full of examples of people who have lost a large fraction of their property after allowing a partner to contribute even quite small sums towards it or even just sharing food/utility bills.

What I don't know (and what the court will decide) is whether the substantial discount 'earned' by the OP's nan by renting the property over 25 years will be taken into account in her favour. If not, I'm afraid I can see him getting half.

paddedjohn

It could be worse, he has paid for 85% of the house so could claim for more

gingerandrubarb

Hi, i just wanted to give you {{{hugs}}} you clearly care for your nan and think the best for your family. Now i can only advise you see someone at Citizen's advice and to take everything you can with you to prove what was paid, what she loaned him, even if it was for something small such as money to buy xmas gifts or similiar. Subsequently you can contact your local M.P and see how they maybe able to help.
Did they share joint banking accounts? Did the 12K come out of a joint bank account or just his etc? these are the things that need to be made clear to the C.A.B as they could help in the case.

I understand why you posted here, i am utterly shocked and disgusted at the treatment you have had from Tiddlywinks! This forum has always made me feel at home and i always come here to get advice on a variety of subjects feeling as though others are in somewhat the same boat.
Making you feel as though you are silly for posting here is horrid. Like t.winks said they could be your nan's ex's child,sister brother etc. How do they even know who you are? your username doesn't give anything away and in all honesty plenty of people have nans who maybe going through something similiar!

Good Luck x

seven-day-weekend

If they were married he could be entitled to 50% afaik.

Seanymph

Realistically this is a guy on the make.

When he left he didn't want anything, after thought (and talking to the new woman) he was up to 12k and after more prodding and 'advice' he's going for half the house.

So, he's just a guy on the make - no doubt at the urging of someone else. This doesn't make him 'bad' or a 'liar', just gullible.

That's just a new way of looking at it.

Your nan needs a GOOD lawyer, not one out of the yellow pages, but a good one. I'd also talk to Age Concern or one of the charities for elderly people. She may not want to be 'elderly people' but her discount, long time in the property, and the fact she is older than him, should all be taken into consideration........ in fact the more 'elderly' she is, the better for her I'd have thought. Whilst constrained by the law, judges are people.

FWIW I bought MY council house with my husband, he and I were on the mortgage, which was paid with his wages, but the house was in my name - I was at home raising two children (they weren't his)........... he never got a penny from the house when we divorced. It's a different set of circumstances, and I had children at home, but perhaps it will give you hope.

The right thing will happen. Now it may be that the right thing is that he gets some interest in the property - possibly even negotiated until after the property is sold at a time of your gran's choosing - because this guy has paid out a considerable sum, he too thought he was investing in his future home - you don't spend 6 years with someone without planning a future with them whatever circumstances come up as time goes along.

But either that needs negotiating between your nana and this chap, between their solicitors, or, if they can't agree, arbitrated by a judge.

I wish you luck, it's a cautionary tale for a lot of people.