Closed

SameOldRoundabout

Deleting my post for privacy of people involved. Thanks all. 

sassyblue

She needs to register a Matrimonial Home Rights Notice against the property at The Land Registry.  Tell her to get it done today.

she can also let the estate agents selling the property know that she is registering one but it’s not essential.

also tell her not to believe anything he tells her going forward (only the advice of her solicitor) and that she doesn’t need to talk to him at all about the divorce. Make him go through solicitors which will lessen his control over her.

no, he won’t get everything, although I bet he's telling her that    it would also be helpful if she has some proof of the money she gave him, any emails or notes about it but it’s not essential.

tell her well done for surviving and getting this far x

ETA, I assume she has informed the Solicitors of the abuse? She may qualify for legal aid although she will need to use a legal aid solicitor if she qualifies.

pinkshoes

As above, the matrimonial home rights need to be registered ASAP:
https://www.gov.uk/stay-in-home-during-separation-or-divorce

If she paid cash to buy the other person out, I assume there will be a bank statement showing the transfer to him or to the brother? She needs to find this at some point. 

I would also let the estate agent know that some of the money being used for the onward purchase is not his, the charge will be registered against the property imminently, and that the EA might want to check the exes affordability credentials again for his onward purchase with a lesser deposit. 

Good luck to her!

sassyblue

I’ve thought of something else. Solicitors acting in the house sale will be unable to distribute the net sale proceeds if there is no agreement in place as to their distribution between them both.

If he wants to move on he’d better negotiate with your friend sensibly - and by that I mean he ought to be offering a decent settlement - because the house purchase with his new girlfriend will be at risk of falling through. Your friend's MHR will be removed simultaneously with the house sale and she can then receive her settlement monies.

imo it’s a blessing because it reduces his control further, he won’t want to lose the new house will he? And I hope he’s got enough money to continue with the purchase after he’s paid your friend off.... if he really thought he wouldn’t be paying her anything lol

SameOldRoundabout

Thanks both. To be honest we as a family have been really worried she’d let him just get away with whatever he wanted. She was at mine when he called last week trying to bully her into agreeing they’d been separated for two years not 1, and then demanding to know why she needed any legal advice and wouldn’t just listen to him?! He’s just a complete bully. I hope the fact that he’s done exactly what he promised not to do will be the push for her to stand up and fight for her share now, he promised he would keep the house as an future asset for their child if she didn’t take any money. 

It’s very difficult seeing someone completely brainwashed. She’s had help from women’s aid and social services and is certainly getting stronger. 

pinkshoes

SameOldRoundabout said:

Thanks both. To be honest we as a family have been really worried she’d let him just get away with whatever he wanted. She was at mine when he called last week trying to bully her into agreeing they’d been separated for two years not 1, and then demanding to know why she needed any legal advice and wouldn’t just listen to him?! He’s just a complete bully. I hope the fact that he’s done exactly what he promised not to do will be the push for her to stand up and fight for her share now, he promised he would keep the house as an future asset for their child if she didn’t take any money. 

It’s very difficult seeing someone completely brainwashed. She’s had help from women’s aid and social services and is certainly getting stronger. 

It's also great that she has a supportive friend like you to help her talk things through and remain strong and fight to get what is rightfully hers. 

wilfred30

SameOldRoundabout said:

Thanks both. To be honest we as a family have been really worried she’d let him just get away with whatever he wanted. She was at mine when he called last week trying to bully her into agreeing they’d been separated for two years not 1, and then demanding to know why she needed any legal advice and wouldn’t just listen to him?! He’s just a complete bully. I hope the fact that he’s done exactly what he promised not to do will be the push for her to stand up and fight for her share now, he promised he would keep the house as an future asset for their child if she didn’t take any money. 

It’s very difficult seeing someone completely brainwashed. She’s had help from women’s aid and social services and is certainly getting stronger. 

If your friend does not consent to the divorce, her husband will have to wait 5 years not 2.

SameOldRoundabout

Thread now closed. Thanks all. 

HampshireH

If a judge grants and order this week then husband will be in breach of contract and could be held liable for all his buyers costs.

That's if a judge grants an order. Solicitor needs to be in court Tuesday morning really to get it served before completion

74jax

HampshireH said:

If a judge grants and order this week then husband will be in breach of contract and could be held liable for all his buyers costs.

That's if a judge grants an order. Solicitor needs to be in court Tuesday morning really to get it served before completion

And with it being a Bank Hol that's gonna be hard.....  

k3lvc

SameOldRoundabout said:

Thread now closed. Thanks all. 

But that's not how the forum works - it's intended for the greater good in that people can read/search for similar situations in future. Sure take out any identifying information but it's not right to take up bandwidth with what are now pointless answers