Late Parents Divorce Financial Settlement

magpie

My solicitor has asked me for a copy of my late parents Divorce Financial Settlement. I do not have this and I have no idea who my parents solicitors were. They divorced over 40 years ago. Is there anywhere that might hold a copy of this?
Thank you

Marcon

I don't imagine you know the court where the divorce was heard - hardly the sort of thing one keeps a note of! Have you asked your solicitor how you might track this down - and also, why they need it after such a long time?

Keep_pedalling

Records of divorce are held by the county recorders, but the financial settlement is not a public record so that does not help. Even if you find either parents solicitor it is highly unlikely that they will still hold the case files after 40 years as they only have to hold on to them for 15.

xylophone

My solicitor has asked me for a copy of my late parents Divorce Financial Settlement.

For what reason?

Keep_pedalling

xylophone said:

My solicitor has asked me for a copy of my late parents Divorce Financial Settlement.

For what reason?

Almost certainly the ancient caution placed on the OPs mother’s house.

https://forums.moneysavingexpert.com/discussion/comment/76479685#Comment_76479685

xylophone

In whose name does the property stand?

If in the names of both deceased parents, is this as joint tenants or tenants in common?

Was your father's second wife still living when he died?

magpie

xylophone said:

In whose name does the property stand?

If in the names of both deceased parents, is this as joint tenants or tenants in common?

Was your father's second wife still living when he died?

Hi, Yes this is a dilemma that just keeps on giving. The caution that was registered against the house in respect of my late father has now been removed, HOWEVER:-
A new caution has been placed on the house by a child of my late father who was born 20 years after my parents divorce.
 My father was married to his mother but they later divorced.
My father did not leave a will. What he did leave was a "note" saying that he was entitlement to a percentage of the proceeds of the house. I have not seen this "note" Am I entitled to see this as executor of my late mother's estate
The deeds of the house show that my mother is the sole owner of the house.
 She had a small mortgage in her name only on the house.
I was told by my mother that he had signed over the house in lieu of maintenance.
After my father left in the 1970's we did not see or hear from him again. We were unaware he had another child and we only found out years later that he was dead.
There has been an offer now on the house and my solicitor has said the other child(now an adult) is refusing to remove the caution.
I do not know where to go from here or what to do. Can I apply to have it removed? I only have a copy of my parents Divorce Absolute and that does not have a financial assessment attached to it. 
It is raking up deep and very painful memories. Can anyone offer any advice pleaaaaase?

Keep_pedalling

magpie said:

xylophone said:

In whose name does the property stand?

If in the names of both deceased parents, is this as joint tenants or tenants in common?

Was your father's second wife still living when he died?

Hi, Yes this is a dilemma that just keeps on giving. The caution that was registered against the house in respect of my late father has now been removed, HOWEVER:-
A new caution has been placed on the house by a child of my late father who was born 20 years after my parents divorce.
 My father was married to his mother but they later divorced.
My father did not leave a will. What he did leave was a "note" saying that he was entitlement to a percentage of the proceeds of the house. I have not seen this "note" Am I entitled to see this as executor of my late mother's estate
The deeds of the house show that my mother is the sole owner of the house.
 She had a small mortgage in her name only on the house.
I was told by my mother that he had signed over the house in lieu of maintenance.
After my father left in the 1970's we did not see or hear from him again. We were unaware he had another child and we only found out years later that he was dead.
There has been an offer now on the house and my solicitor has said the other child(now an adult) is refusing to remove the caution.
I do not know where to go from here or what to do. Can I apply to have it removed? I only have a copy of my parents Divorce Absolute and that does not have a financial assessment attached to it. 
It is raking up deep and very painful memories. Can anyone offer any advice pleaaaaase?

Interesting. Your step sibling is claiming a potion of the house,  but you not seem to have received anything from his estate. Are you counter claiming?

magpie

Keep_pedalling said:

magpie said:

xylophone said:

In whose name does the property stand?

If in the names of both deceased parents, is this as joint tenants or tenants in common?

Was your father's second wife still living when he died?

Hi, Yes this is a dilemma that just keeps on giving. The caution that was registered against the house in respect of my late father has now been removed, HOWEVER:-
A new caution has been placed on the house by a child of my late father who was born 20 years after my parents divorce.
 My father was married to his mother but they later divorced.
My father did not leave a will. What he did leave was a "note" saying that he was entitlement to a percentage of the proceeds of the house. I have not seen this "note" Am I entitled to see this as executor of my late mother's estate
The deeds of the house show that my mother is the sole owner of the house.
 She had a small mortgage in her name only on the house.
I was told by my mother that he had signed over the house in lieu of maintenance.
After my father left in the 1970's we did not see or hear from him again. We were unaware he had another child and we only found out years later that he was dead.
There has been an offer now on the house and my solicitor has said the other child(now an adult) is refusing to remove the caution.
I do not know where to go from here or what to do. Can I apply to have it removed? I only have a copy of my parents Divorce Absolute and that does not have a financial assessment attached to it. 
It is raking up deep and very painful memories. Can anyone offer any advice pleaaaaase?

Interesting. Your step sibling is claiming a potion of the house,  but you not seem to have received anything from his estate. Are you counter claiming?

Hi, he is in fact my half brother who I did not know existed until recently. My father did not leave a will and Letters of Administration were not applied for. I am not counter claiming at the moment as I did not know my father had died until years later. I will mention that point to my solicitor though. Thank you

xylophone

 What he did leave was a "note" saying that he was entitlement to a percentage of the proceeds of the house. I have not seen this "note" Am I entitled to see this as executor of my late mother's estate

As executor of your mother's will, you are required to deal with any debts relating to her estate.

If a person is claiming that a debt exists, you are entitled to  see the documentary evidence.

With regard to this "note" - is it witnessed? Dated? Signed by your mother/her solicitor?

Your late father died intestate. Have you checked the rules of intestacy at his date of death?

magpie

xylophone said:

 What he did leave was a "note" saying that he was entitlement to a percentage of the proceeds of the house. I have not seen this "note" Am I entitled to see this as executor of my late mother's estate

As executor of your mother's will, you are required to deal with any debts relating to her estate.

If a person is claiming that a debt exists, you are entitled to  see the documentary evidence.

With regard to this "note" - is it witnessed? Dated? Signed by your mother/her solicitor?

Your late father died intestate. Have you checked the rules of intestacy at his date of death?

Thank you for the advice. It never crossed my mind when I learned that my father had died, to look into any inheritance etc. I will ask my solicitor for a copy of this note and about my late father's estate. I'm sure I will be back on here again seeking advice as this seems to be getting more complicated by the day.