friend divorcing her husband

chilli_dog

in a nut shell,

my mums friend is divorcing her husband. Hubby is currently inside doing ten years.

without going into the crime, he was a nice guy inside the house and a physco outside.

the house, which has now been reposesed, was solely in her husband's name, she is making a claim for all the profits from the sale to support their kids.

now, the victim of crime, is going to making a civil claim for compensation but they have already been paid out via the criminal injuries compensation board.

mums friend is now terrified that she is going to lose all proceeds from the house, and be left with nothing.

anyone any ideas.

i will post any more info you need apart from the nature of the crime.

thanks

Incisor

chilli_dog wrote: »

... my mums friend is divorcing her husband. Hubby is currently inside doing ten years. ...

the house, which has now been reposesed, was solely in her husband's name, she is making a claim for all the profits from the sale to support their kids.

now, the victim of crime, is going to making a civil claim for compensation but they have already been paid out via the criminal injuries compensation board.

mums friend is now terrified that she is going to lose all proceeds from the house, and be left with nothing.

anyone any ideas.

Well, he has responsibilities to his family and to his victims. The Criminal Injuries compensation is rarely generous, so I think the victim should have a fair crack at getting his cut. Only if the guy was framed or stitched up would I feel like intervening in the course of events to divert assets from the victim to the family.

Tashja

I know a very tiny bit but might be wrong.

I would imagine that if the victim has already been paid compensation then they cannot claim again. The only way I could see any compensation being paid out of the house proceeds is if the Criminal Injuries Compensation Board can claim back the money they have paid to the victim.

I am going off what I know when it comes to RTA's so might be wrong but I am sure that they cannot claim 2 lots of compensation.

T xx

chilli_dog

thanks for your reply,

obviously with the house being in his sole name its anybody's guess who will receive what.

just been surfing on the net and any payments made from the criminal injuries board have to be repaid if a civil case is bought?

i take your point though, the victim should have a portion of the money.

unbelievably her husband has just spent loads of cash on getting a lie detector test to prove his innocence.

simpywimpy

No advice Im afraid, but it does seem unfair for the innocent party (wife and kids) to end up homeless and penniless.

Hope you find something to help them

Incisor

chilli_dog wrote: »

... just been surfing on the net and any payments made from the criminal injuries board have to be repaid if a civil case is bought?

Quite possibly. But here is the problem:

Perp blinds Vic and cuts off both his arms. Vic gets £1,000 from criminal injuries. Vic needs home care costing £1,000 per year and sues Perp for £80,000. Court awards Vic £50,000. Perp pays Vic £40,000 being the value of all his assets. Vic pays back £1,000 criminal injuries compensation.

ie, the fact that Vic got compensation does not stop him from suing, it just means that he has to pay back the compensation.

floss2

Does husband-in-jail have children by this friend? Surely no court would deny his children a home purely to pay compensation to his victim?

chilli_dog

yeah, they have 2 kids together

cazziebo

floss2 wrote: »

Does husband-in-jail have children by this friend? Surely no court would deny his children a home purely to pay compensation to his victim?

If it's 10 years then we're talking serious crime. The victim may be unable to work so how can s/he support their own family? No winners here.

Horrible situation, it's often the family of prisoners who suffer the real punishment.