Ex still on mortgage.

Naomim

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?

RAS

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.

Naomim

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. 

RAS

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.

MEM62

Naomim said:

He left her for someone else and stopped paying all bills. They divorced but never did a financial settlement. 

Holds head in hands in disbelief.  

Naomim said:

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?

In theory yes, but is is not absolutely black and white.  Your sister needs proper legal advice, not the opinions of a forum.  The lack of a financial settlement may come back to bite her.  Even if he has not raised the subject, your sister should take advice as to where she stands.      

sheenas

Yes he could be able to claim half the equity, but I would pose the question does he also have half the liability for the mortgage and bills too, and of cause that is a valid argument. 

If they youngest is still in full time education, then this period is extended and may not be an issue for now. At some point your should bite the bullet and get it sorted, but I do understand you may not be able to buy him out and that leaves options you may not want to face. 

IMHO you need to do what is best for you and not be worried about what he gets, hard to do thu but will be fantastic for your mental health.

Naomim

MEM62 said:

Naomim said:

He left her for someone else and stopped paying all bills. They divorced but never did a financial settlement. 

Holds head in hands in disbelief.  

Naomim said:

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?

In theory yes, but is is not absolutely black and white.  Your sister needs proper legal advice, not the opinions of a forum.  The lack of a financial settlement may come back to bite her.  Even if he has not raised the subject, your sister should take advice as to where she stands.      

I know.. I couldn't believe they didn't do financial settlement. But, he was abusive & controlling during their relationship. Her mental health suffered when he left and she descended into alcoholism. She had now been sober for the past 7 years but still sticks her head in the sand thinking he won't ask for equity, or it will be granted but she'll have the lions share as she can prove she's been making sole payments. 

I'll try and direct her to get some legal advice but just wanted some kind of idea of what outcomes she can expect. 

Thank you all for taking the time to reply. 

sheramber

Naomim said:

MEM62 said:

Naomim said:

He left her for someone else and stopped paying all bills. They divorced but never did a financial settlement. 

Holds head in hands in disbelief.  

Naomim said:

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?

In theory yes, but is is not absolutely black and white.  Your sister needs proper legal advice, not the opinions of a forum.  The lack of a financial settlement may come back to bite her.  Even if he has not raised the subject, your sister should take advice as to where she stands.      

I know.. I couldn't believe they didn't do financial settlement. But, he was abusive & controlling during their relationship. Her mental health suffered when he left and she descended into alcoholism. She had now been sober for the past 7 years but still sticks her head in the sand thinking he won't ask for equity, or it will be granted but she'll have the lions share as she can prove she's been making sole payments. 

I'll try and direct her to get some legal advice but just wanted some kind of idea of what outcomes she can expect. 

Thank you all for taking the time to reply. 

The fact he remarried before any financial settlement limits  what he can claim so she needs legal advice.
Some solicitors will give 39 minutes discussion free. You need all information available to take with you. 

The Marriage Trap. 

https://wilkinssolicitors.co.uk/family-law/the-re-marriage-trap-to-avoid

RAS

@Naomim Your SIL's situation would be much worse if her ex had not remarried.  We've seen situations here where the lack of a financial settlement has come back to bit both parties in the bum, big time. One in trouble for claiming benefits whilst a home owner, the other having to release half the value of a house they paid for solely, after their spouse left, to repay the benefits.

The abuse may be historic but it's important that she knows what he can and cannot do going forward, because she may still be vulnerable to pressure from him. 

Hopefully, legal advice will be positive for her but if he is still able to claim pensions, I'd suggest she gets the settlement done sooner rather than later, so she has longer to recover.

Does she know if he is moving into another relationship? That might be to her advantage.

Naomim

What little we know is, his "new" wife kicked him out after dv and had got a restraining order against him. She also contacted his work and told them he was stealing items, (he's a kitchen fitter) and after an investigation they have sacked him. We think he's sofa surfing but may be staying with my eldest neice. 

So this concerns me that it may speed up his desire to claim something back. He's already told SiL via eldest neice that he can't pay the CSA payments for youngest (17 FT education)

RAS

None of that makes a difference. Apart from the fact that being unemployed minimises his CMS liability.

SIL needs to answer the queries about the extent to which either of them made applications for a financial settlement prior to his marriage.

If he didn't do it then I don't think he has a chance of applying for anything from the house. Rather than expending energy getting into a worrit about the latest antics, a good lawyer versed in financial  settlements and remarriage could answer all the questions in half an hour. And be worth every penny if they charge. 

The other query related to SIL's pension situation, as there may be some vulnerability there. But I'd guess he's more likely to go for his recent wife's assets than his first wife's?

What SIL may just be able to say, is sorry too late as you remarried before making a claim. Bye.

So stop worrying about the chaos, it's his stuff not hers. And get good legal advice, even if it costs. It could be worth it's weight in gold.