Scots Law-major mortgage mess

thinkstoomuch

Posting on behalf of mother. This is the massively abridged version...

Mum is in a major pickle after divorce. 33 years of marriage. Had a quickie divorce served on her after only 6 months of legal separation (didn't know anything about system or that she should have contested- we know now he committed perjury) and nothing written down about finances. Too late now...

On separation there was a verbal agreement re: payment of joint mortgage, joint account including overdraft and endowment and how endowment was to be split on maturity. Nothing on paper as trusted him.

This now being reneged on. New wife acting as gate keeper/legal secretary. Refusing to sign solicitor's minute of agreement sent with the previously agreed terms. Mum earns £40 too much for legal aid and local university pro bono clinic doesn't do divorces. None of children in a position to help financially either due to own family financial issues/ill health.

The house has been on the market since actual separation but hasn't sold and unlikely to soon. He is still living in the house with new wife. Mum has been paying her half of mortgage, endowment and a small loan secured on the house. As well as paying rent to a family member to live at their house temporarily. She's 66. He's 56. Both work full time. New wife can't yet (just moved to UK from US...). Mortgage only has a couple of years to run. But mum can't sustain 2 lots of rent/mortgage over the long run, not least because she feels she physically/mentally needs to retire next year. She has no savings. The house was her only asset. She has no private pension (didn't work or only part time for many years as looking after 3 kids). She's done everything ethically to to keep her side of things. This now counting for nothing. Mum can't afford court or a prolonged fight.

What would be the best options for her? Consideration for finances of ex now not an issue.

Also, could she legally threaten to move back in? (the council have actually been pretty understanding as her and I are both homeless and I have major health problems so may get a place in 6-12 months. But could she use this to put some pressure on them to agree to original terms?)

Thanks for even reading this to the end!

ValHaller

She is paying, she should move back in if she wants to, as far as I can see.

holly_hobby

CAB have duty solicitors whom will give some guidance - take with her the terms (inc any finanical) of her divorce ..... http://www.adviceguide.org.uk/scotland.htm

Hope this helps

Holly

thinkstoomuch

Thanks guys. She doesn't have any terms for the divorce. They'd agreed verbally about the finances when they separated. But she didn't even know he'd applied for a divorce until the letter came through. And of course, she had no reason to think he wouldn't honour the agreement (she didn't know that he was already engaged to new wife at the time- or that he wouldn't even tell any of us, children included, until he was asked 3 months later after being seen sporting a flashy new ring...)
She was up to her eye balls looking after one daughter having a horrific pregnancy (ex-partner had walked away) and my severe depression...

But I'll certainly tell her about the duty solicitor. She'd spoken the CAB guy who comes to see clients at her workplace but he wasn't a solicitor. Many thanks for that idea! And for both of you reading the post

Wh05apk

Your mother should seek legal advice, her situation is far too serious for a forum such as this.