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Ex still on mortgage.

I'm posting this on behalf of my Sister in law as she's not sure where she stands. 

She split from ex husband 10 years ago. He left her for someone else and stopped paying all bills. They divorced but never did a financial settlement. She remained in the house with the three kids and covered all the mortgage & bills on her own. Youngest child is now 17 and in full time education. 

Ex has since remarried, no children in this marriage. He has now split from his 2nd wife. My sister in law is worrying about how safe her home is. 

There is also the issue of when Youngest turns 18, can he demand the house is sold and would be be entitled to a 50/50 split despite not paying a penny for the past 10 years?


Credit Cards NOV 2019 £33,220.42 Sept 2023 £19,951.00 Tilly Tidy 20223/COLOR] Sept £43.71 Here's my diary: A Ditherer's Diary Again

Comments

  • RAS
    RAS Posts: 35,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, in the absence of a financial settlement, he could be entitled to half the equity that she has funded over the years.

    On the other hand, he may have pensions but his more recent spouse may also be hoping to benefit from these.

    SIL needs urgent legal advice. She may also benefit from checking out wikivorce.
    If you've have not made a mistake, you've made nothing
  • Naomim
    Naomim Posts: 3,160 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 25 August at 9:38PM
    Could the 2nd wife lay any claim on the equity in the house from the first marriage? 

    Edited to add: I doubt he has any pensions. He is self employed and barely managed to pay minimum child support. 
    Credit Cards NOV 2019 £33,220.42 Sept 2023 £19,951.00 Tilly Tidy 20223/COLOR] Sept £43.71 Here's my diary: A Ditherer's Diary Again
  • RAS
    RAS Posts: 35,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thinking about it, one thing to look up is the remarriage trap. 

    That can limit what the ex can claim, so she needs to check that a property adjustment order is not an option.

    It's a complex area, so she needs advice from some versed in the remarriage trap. The ex may still be able apply for a pension sharing order.
    If you've have not made a mistake, you've made nothing
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