Mates Ex Wife Wants His House.. Help?

POSSETTE

LONG STORY SHORT..
My mate owns his own house with 12k mortgage left,its been his house in sole name for years.
He met and married, she had nothing and never contributed much to the household, even for her daughter who always abused my mate.charmin'

Getting divorced,have house for sale at £125k, 3 solicitors say she is entitled to 40% of the end sale price of house after mortgage is paid off.

She is still living there,paying for nothing,moved her useless idle daughter back in and brings anyone she wants to house and these same solicitors say she can do this,sod his rights!:eek:

Now..if he sold his house to a trusted family member or friend for £80k or £50k or even £1..she would only be entitled to 40% of sale price..CAN HE DO IT AS ITS HIS HOUSE IN HIS NAME ONLY!???

He can then rent it off said member or friend for a few months and then buy it back later.I understand there will be tax issues and have informed him of this..BUT do you lot know any more??:beer:

PS.Has paid a pension for over 35 years,but she is only allowed to claim on the 3 years they were married,so WHY can she claim for the whole house and not just 3 years worth of payments on it??
The government are very consistant on thier inconsistancies!!;)

kickstart_3

Probably cant tell you anything constructive , but there must be something, somewhere thats says the house has to be sold at the market value ? Otherwise millions of ex hubby's would have done the same!

bristol_pilot

Marriage in the UK is a mechanism for giving away your house and your pension fund.

Your mate has got off lightly. This was a short marriage, otherwise she would have got the whole house and 50%+ of the pension. A wife is considered to have contributed to the house just by living in it.

Your scheme will not work, ultimately your mate could end up in jail for contempt of court.

POSSETTE

ouch!..Thought there must be something..ill print this out and inform him!!
He should be joing mse soon.I told him to put his story on here...

Timmne

Just imagine if it was the other way around - she'd probably still be due some money from him!

Tell your mate good luck!!

devils_advocate

"I'm not going to get married again. I'm just going to find some woman I dislike, give her my house, and cut out the middleman"

noonesperfect

If the house had always been in his sole name she might be entitled to less than 40%.

After all, sometimes it comes down to the "other half's" contribution and if it wasn't much then why should she get such a large chunk after such a short marriage?

Presumably if the ex's idle daughter lived elsewhere previously then she's no longer dependent on her mother?

Wish your mate good luck from me and try not to fill too many solicitor's pockets - they will drag it out if you let them!!!

POSSETTE

its always been in his name from the first day he bought it years ago.
He cant change the locks coz she will damage house to get back in,and he will have to pay for repairs!.even our MP says basically he has no rights in his OWN house..she (mp)is writing to Jack Straw about it too.!

I said i would come round and pretend to be a viewer and offer £100 for the house in front of her and him just to see her face!! oooh im being a !!!!! now!! shame on me........

TheWaltons_3

Why is she entitled to so much of the house - how has she contributed, by just moving in with her child? Hasn't he paid to help her raise the child?

bristol_pilot

devils_advocate wrote: »

"I'm not going to get married again. I'm just going to find some woman I dislike, give her my house, and cut out the middleman"

Interestingly, this is a quotation from Rod Stewart, who DID get married again.

bristol_pilot

TheWaltons wrote: »

Why is she entitled to so much of the house - how has she contributed, by just moving in with her child? Hasn't he paid to help her raise the child?

With all my worldly goods I thee endow... = I am giving you everything I own.

Legally, she has contributed to the house just by living in it. The starting point for negotiation on divorce is a 50-50 split. In this case it seems to have been reduced to 40% because it was a short marriage. Settlements of 100% of the house are common for a longer marriage, plus the pension to which the wife may have made no financial contribution. And, the most worrying development, in a minority of cases settlements are starting to include a share of the ex-husbands FUTURE earnings.

No wonder the UK is fast becoming the divorce capital of the world! If David Cameron is serious about supporting marriage he should propose having much fairer divorce laws and making properly negotiated pre-nups legally binding in the UK. Messing about with a twenty quid tax allowance is peanuts in comparison with the riches on offer to a lady who is a bit bored with her husband.