Selling a joint house

RAS

FCUK wrote: »

She didn't agree to the divorce ergo did not sign.

Which means it is assumed she did not contest the divorce.

FCUK wrote: »

There was a simple hearing one day that my mum refused to attend. She got the letter 3weeks ago to say it has been finalised. .

Which means she neither contested the divorce or attempted to make proper financial arrangments.

FCUK wrote: »

That is what I mean, it was all done very weirdly. I can't get my head around it. But no...she didn't go court, neither did he.

It's not weird; divorce is granted if the papers are properly served and the other party does not object.

You mother failed to defend so has not got any sort of financial settlement. She needs to see a lawyer pronto.

benjus

Lawyers normally advise that a financial settlement is drawn up at the same time as the divorce, but this is not a requirement for a divorce to be granted. Either party can apply to the courts for a financial order at any time after the divorce, as long as they have not re-married.

It sounds like your mother may need to do this, if your parents cannot resolve their differences through negotiation.

TBagpuss

As benjus says, it is perfectly possible to have a final divorce without a final financial settlement, As long as your mum has not remarried she can still make an application for a financial settlement.

There are a few points to consider.

1. Although the financial settlement will have an impact on you and your brother, the settlement does not, legally involve you. You will not be entitled to be involved in any court proceedings and a court will not take into account your needs or wishes.

2. In deciding what is fair between your parents, a court would consider the full financial picture - this would include the value of all assets (not only the house, but also any other assets, such as savings (in either name) pensions etc. They would also consider both parties financial resources - income and earning capacity, and both parties needs. You parents both need a home, and both have identical needs, as each needs a place suitable for one person. Your mum may want you and your brother to live with her, but she doesn't need it, as she would if you were still children in her care.

3.The starting point is an equal split of the assets. The court can then adjust this to take into account different needs or resources - Your mum may be able to argue that she should have more than 50% if she earns less than your dad, for instance, or more than 50% of the value of the house if he keeps other assets such as any pension. If she can show that he was taking money from the joint account then a court *could* take than into account, too.

4. If your mum, either alone or with help from you and your brother, can buy out your dad then this is an alternative to the house being sold to a third party.

Has she made enquiries about her mortgage capacity?

FCUK

TBagpuss wrote: »

As benjus says, it is perfectly possible to have a final divorce without a final financial settlement, As long as your mum has not remarried she can still make an application for a financial settlement.

There are a few points to consider.

1. Although the financial settlement will have an impact on you and your brother, the settlement does not, legally involve you. You will not be entitled to be involved in any court proceedings and a court will not take into account your needs or wishes.

2. In deciding what is fair between your parents, a court would consider the full financial picture - this would include the value of all assets (not only the house, but also any other assets, such as savings (in either name) pensions etc. They would also consider both parties financial resources - income and earning capacity, and both parties needs. You parents both need a home, and both have identical needs, as each needs a place suitable for one person. Your mum may want you and your brother to live with her, but she doesn't need it, as she would if you were still children in her care.

3.The starting point is an equal split of the assets. The court can then adjust this to take into account different needs or resources - Your mum may be able to argue that she should have more than 50% if she earns less than your dad, for instance, or more than 50% of the value of the house if he keeps other assets such as any pension. If she can show that he was taking money from the joint account then a court *could* take than into account, too.

4. If your mum, either alone or with help from you and your brother, can buy out your dad then this is an alternative to the house being sold to a third party.

Has she made enquiries about her mortgage capacity?

Thanks for all that. Ok so..RE mortgage, yes she has and she wont be able to get one with the wages she earns. Secondly.. my dad has much more assets then her. He has the savings and everything. My mum literally has no assets. He earns much more then her now that he is working f/t and although divorced, nothing financially has been sorted meaning everything is practically the same. She can show he has been sending money elsewhere, we have one years worth of statements that show this.


My mum never agreed to the divorce which is why she did not sign anything, nor return the papers. We were told by a solicitor that she will get more from the house should the sale be forced as he does have assets such as cars...motorbikes and pension. She doesn't!


We are grown adults, me and my brother but we have been a tight family for nearly 30yrs and everything will involve us although we know that the court won't take us into account due to our age and we are ok with that. My dad...you say that he no longer needs to provide for us...yes you are right. But all these years he has never had, its been me and my brother provide for him, the amount of money we gave him!

Thrugelmir

FCUK wrote: »

And if my dad wins at court should it go there, well...I can't imagine my dad taking my mum to court cause he knows, as much as you all say it doesn't involve me and my brother, he will be taking us to court also.

No one wins in divorce cases. Going to court is merely money to lawyers. Your mother needs to see a family orientated solicitor as soon as possible. Rather than deal with matters herself. Ultimately there has to be agreement on the division of financial assets. Meanwhile sit tight in the house.

Pixie5740

FCUK wrote: »

My mum never agreed to the divorce which is why she did not sign anything, nor return the papers. We were told by a solicitor that she will get more from the house should the sale be forced as he does have assets such as cars...motorbikes and pension. She doesn't!

As myself and others have already said, ignoring the divorce papers isn't the same as contesting the divorce. Not signing and returning the papers was a sign your mother wasn't contesting the divorce. She should have contested the divorce by returning the papers stating so when she had the chance. Now it's too late and your mum is into damage limitation and has to seek proper legal advice now.

notisis

I'm going to be really blunt here and echo what others have said:


Stop winging. Get your mother down to a local solicitors office that specialises in divorce pronto and get the financial aspect sorted. NOW.


Then just maybe you'll find your mother is not going to be so badly off if she fights her corner for a share of all assets of the marriage (and that includes savings, pensions pots, cars, houses and so on).

RAS

FCUK wrote: »

Thanks for all that. Ok so..RE mortgage, yes she has and she wont be able to get one with the wages she earns. Secondly.. my dad has much more assets then her. He has the savings and everything. My mum literally has no assets. He earns much more then her now that he is working f/t and although divorced, nothing financially has been sorted meaning everything is practically the same. She can show he has been sending money elsewhere, we have one years worth of statements that show this.

The starting point for a financial settlement is 50% of everything to your mother; that includes the house, savings, pensions, everything.

It is going to be harder because she has allowed a year to go by when your father has been able to send money elsewhere but she need proper legal advice now.