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Divorce advice please

Hi I would greatly appreciate any advice you may be able to give me as I'm trying to help my sister.

My sis recently found out her husband has been having an affair for the whole 8 years they have been together. She wants a divorce and has started proceedings, papers are just being prepared.

They have no children (they were about to start fertility treatment) but own a house together. He has refused to move out and has refused to meet with her to discuss what will happen with the house, he has also refused mediation.

She is continuing to pay half the mortgage but has had to find alternative accommodation as cannot stay in the same house as him.

She has tried to arrange to meet him several times so they can decide what to do about the house but he is unwilling. Where does she go from here? All she wants to do is move forwards with her life but while her husband is being so difficult regarding the house she doesn't know what to do.

It just seems so unfair that having treated her so badly he still gets to go home every day while she has been forced out of her own home having done nothing wrong. Any advice greatly appreciated.

Comments

  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I know he has treated her badly, but legally he has just as much right to stay in the house as she does, it is his home as well.

    Regarding his reluctance to communicate and come to an agreement about their house and finances, The best thing your sister can do is keep paying her half of the mortgage and go see a lawyer ASAP.

    Good luck.
  • RAS
    RAS Posts: 36,526 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This needs to be dealt with as part of the financial settlement. She would be very well advsied to use a lawyer as we have seen some terrible messes here and on the housing forums.
    If you've have not made a mistake, you've made nothing
  • frowner
    frowner Posts: 139 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for your replies. She has a solicitor. How do they arrive at a financial settlement if he will not communicate with her regarding what happens to the house? I know he has every right to remain in the property but morally it just seems so unfair.
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Her solicitor will direct her through the process, his non-communication will be dealt with by the courts.
  • frowner
    frowner Posts: 139 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thank you for your reply and help.
  • As per me you should hire a divorce lawyer. Because divorce related problem only solve a divorce lawyer. So find the best one well experience and professional divorce lawyer and solve your matter.
  • AndruLuka wrote: »
    As per me you should hire a divorce lawyer. Because divorce related problem only solve a divorce lawyer. So find the best one well experience and professional divorce lawyer and solve your matter.

    Spam for Breakfast, yummy....:)
    every time I manage to get one more breath into this body, I will sing a song of thanks to you my brothers, my sisters, my friends, may your sleep be peaceful, and angels sing sweetly in your ears.
  • bargainbetty
    bargainbetty Posts: 3,455 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I would also recommend that she does not move out. If there are two bedrooms, take the other one. Remove her property and possessions to storage if she needs to make some room, but continue to live in the space she is paying for. Neither of them are obliged to go, so she shouldn't have to either.

    He is controlling her by doing this. Take some control back. Cook for herself, do her own laundry etc, and leave him to handle his own things. Make sure that the bills are paid if her name is on them, and keep it civil.

    The divorce solicitor can apply for a forced sale or a buyout to be part of the settlement agreement. As the 'offending' party, he may be on dodgy ground if he keeps behaving like this, as refusal to mediate will count against him with the judge in the settlement.

    Good luck
    Some days, it's just not worth chewing through the leather straps....
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  • BillTrac
    BillTrac Posts: 1,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AndruLuka wrote: »
    As per me you should hire a divorce lawyer. Because divorce related problem only solve a divorce lawyer. So find the best one well experience and professional divorce lawyer and solve your matter.

    And hire a translator while you're at it:rotfl:
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