Divorced, Advice needed about selling home please!

superflygal

Hey MSErs,

I am posting for advice for my Auntie please. I know there are some solicitors who read this and are generous in their time and some knowledgeable people on MSE and all useful advice is very much appreciated.

My Auntie has now divorced her (cheating) husband. He had manipulated and belittled her for years, and kept her in poverty whilst he squirrelled cash away in offshore tax-free accounts in Jersey. He has, in recent years, bought several expensive items with stashed cash including holiday homes and vehicles. He worked on oil rigs for years, I estimate he has at least £250k in stashed cash.

Her Divorce Solicitor was about as useful as a wet paper bag, and failed to properly ascertain the marital assets prior to the decree absolute. Her ex lied about his assets, and told Auntie's solicitor he was on disability benefits as he couldn't work.

Now she is looking at selling the marital home. I am not sure whether this is in joint names (I am waiting for her to check).

He has told her he only wants £50k (house is worth £140k). However, I want to make sure he can't diddle her, as believe me, given half a chance he would do her up like a kipper.

Can anyone advise please, what her first steps should be. Should she get a legal agreement drawn up to ensure she only has to give him the agreed sum, and that he agrees she can have the remainder (this is the only thing she will walk away with after 18 years of marriage, and needs this money to buy a new home).

Or, does she need something more involved?

Thanks for reading and I really do appreciate any advice!

SFG x

BrassicWoman

It's possible to be divorced and not have a financial settlement agreed - in which case the lawyer didn't need to ascertain assets.

What stage is she at with the finances?

superflygal

She is just getting a percentage of proceeds from the house, as the ex has hidden all his offshore assets, or claimed he bought goods after separation.

SFGx

BrassicWoman

So what is the wording of the financial settlement agreement?

DS4215

superflygal wrote: »

She is just getting a percentage of proceeds from the house, as the ex has hidden all his offshore assets, or claimed he bought goods after separation.

SFGx

Don't things bought after separation still count as marital assets until the divorce is granted?

Has she got a claim on his pension?

Mojisola

superflygal wrote: »

Her Divorce Solicitor was about as useful as a wet paper bag, and failed to properly ascertain the marital assets prior to the decree absolute.

Pity she didn't change solicitors.

superflygal

I know. He had bullied her for years, and still swans in and out of the marital home as he pleases, to collect 'stuff'. She started with one decent solicitor, who left the firm shortly afterwards and handed her case to the useless one. I guess she felt lucky to have one on her side at all. Plus, he kept her in poverty for so long, she hardly has any money to pay for a good one.

I do not think she has a claim on a pension. He worked 'self employed' for years and I do not think he has one (for tax avoidance probably). I know he has money in girlfriend(s) accounts, to hide it from authorities. He is a real snake.

I will text her and ask what the wording is brassciwoman.

SFG x