Ex still on mortgage.

doodling

Hi,

RAS said:

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.

As you refer to your sister in law, can I just confirm that it is your husband's sister you are referring to, not your brother's wife?  If your SIL has remarried since the ex then that would affect some things I write below.

As the house is jointly owned (I assume it is, the OP isn't perfectly clear, only mentioning the mortgage) then I suspect that ownership of the house would end up as a Trusts of Land and Appointment of Trustees Act (ToLaTA) case (i.e. as if two friends had bought the house together) rather than anything divorce related (as that opportunity has passed, at least for the ex).  If the ex took action before the youngest child ceased to be a dependant this would also fall into a discussion about the ex supporting his children.

I am not a lawyer though so I very much second the recommendation to obtain specialist legal advice - in this case you need someone who is familiar with divorce, ToLaTA and child support law to understand what rights both your SIL and the ex might have at what points in time - your average divorce solicitor might not be be able to cover all of the issues.

As other have noted, the ex might have some rights to your SIL's pensions, this also needs to be discussed with the solicitors.

If the house is owned as "Joint Tenants" (the usual approach taken by newly married couples) then if your SIL dies the ex will become the sole owner of the house, irrespective of any will - when your SIL talks to a lawyer, she might want to consider severing the joint tenancy so that the house is held as "Tenants in Common", at least then her proportion of its value (whatever that might be) would pass to her heirs.  Don't do this without the advice of a lawyer as if there is some reason why your SIL would currently be deemed to own all of the house then you don't want to confuse things by implying otherwise.

Naomim

Hi,

Yes, she's my husband's sister and had not remarried or entered into any relationship. 

I think they are joint tenants, I haven't asked. I will advise her to ask professional guidance. 

Thanks everyone