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Hi
Can anyone point me in the right direction, my sister is being taken to court by her ex husband for 50% of the former marital home. They divorced in 2004 and he knows want a claim to the house.
Basically, she married him, and he hardly worked, she paid for and can prove paying the mortgage from her own wages. They bought the house for £12000.
Due to nastiness she left the marital home, her two boys wanted to stay with their dad because of school. However, my sister paid the mortgage and everything for the boys. She lived around the corner, but paid everything, which she can prove. He let the house go into a poor state. He paid nothing and got into debt. When the divorce was finalized, he agreed she could pay the mortgage to keep a roof over the boys and he did not make any claims for money etc. In 2009 she severed the tenancy.
PROBLEM: In 2006 due to a Victorian sewer pipe leak outside the house washing the foundations away the house had to be demolished and rebuilt. Her ex took off and had nothing to do with the rebuild. Once the house was rebuilt it was like a new home and worth a lot more, suddenly he surfaces and wants half in 2011.
So my sister is worried he will get 50% of the property and a sale forced at court, which means he gains whilst never paying towards the mortgage. She has offered him a £40000 settlement as she wanted it as an investment for her sons. She would have to remortgage and pay that off, and work past retirement.
Does not seem fair, but the law isn't. He has legal aid as he on benefits, she works minimum wage and the mortgage is now paid off.
In my reckoning the house was worth about £100000 prior to being demolished. As he never paid anything and left it in disrepair, surely £400000 is a fair offer.
He refuses mediation and his solicitor is not helping by saying she needs to start looking for somewhere else.
To make things difficult, the estate agent told her that the likelihood of someone buying the property is very slim, the rebuild is guaranteed, but it was a water main and only a small section repaired. Apparently they will need something to guarantee no further leaks and extra reports. Basically because of this it valued at £180000, but the estate agent says 'not a chance'.
Any help, ideas or anything will be great as solicitors just say, ooops 50% rule, or 'thats a difficult time consuming'.
Thank you in advance.
Can anyone point me in the right direction, my sister is being taken to court by her ex husband for 50% of the former marital home. They divorced in 2004 and he knows want a claim to the house.
Basically, she married him, and he hardly worked, she paid for and can prove paying the mortgage from her own wages. They bought the house for £12000.
Due to nastiness she left the marital home, her two boys wanted to stay with their dad because of school. However, my sister paid the mortgage and everything for the boys. She lived around the corner, but paid everything, which she can prove. He let the house go into a poor state. He paid nothing and got into debt. When the divorce was finalized, he agreed she could pay the mortgage to keep a roof over the boys and he did not make any claims for money etc. In 2009 she severed the tenancy.
PROBLEM: In 2006 due to a Victorian sewer pipe leak outside the house washing the foundations away the house had to be demolished and rebuilt. Her ex took off and had nothing to do with the rebuild. Once the house was rebuilt it was like a new home and worth a lot more, suddenly he surfaces and wants half in 2011.
So my sister is worried he will get 50% of the property and a sale forced at court, which means he gains whilst never paying towards the mortgage. She has offered him a £40000 settlement as she wanted it as an investment for her sons. She would have to remortgage and pay that off, and work past retirement.
Does not seem fair, but the law isn't. He has legal aid as he on benefits, she works minimum wage and the mortgage is now paid off.
In my reckoning the house was worth about £100000 prior to being demolished. As he never paid anything and left it in disrepair, surely £400000 is a fair offer.
He refuses mediation and his solicitor is not helping by saying she needs to start looking for somewhere else.
To make things difficult, the estate agent told her that the likelihood of someone buying the property is very slim, the rebuild is guaranteed, but it was a water main and only a small section repaired. Apparently they will need something to guarantee no further leaks and extra reports. Basically because of this it valued at £180000, but the estate agent says 'not a chance'.
Any help, ideas or anything will be great as solicitors just say, ooops 50% rule, or 'thats a difficult time consuming'.
Thank you in advance.
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