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Divorce - Family Law - restricted access to property

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  • Divorce - Family Law - restricted access to property

    I need some urgent Advice.

    Someone I know is in a weird situation,

    Husband & Wife, 1 Adult Child at home ( AC has addictions, mentally unstable)

    (H) has been a house husband for years in the marriage, has always renovated the flats and houses they have bought and now have a portfolio.
    (W) is a director of a administration business in the city, she is the only employee.

    they both hove worked together to build up the family businesses, property portfolio and have nice things

    a breakdown in the marriage has occurred, with a few contributing factors: The (AC) who's involvement in drugs has brought the police to the door on many occasions, his erratic behaviour requires him to have (H) stay awake all night checking on the health of him, he has had the ambulance out many times for going into cardiac arrest.
    (w) working away in the city, has had an affair.

    on the day it all come out all 3 were in the house, obviously it got heated, and someone phoned the police. the police came and (H) was arrested, There was no violence but because the door was locked he was imposed bail conditions to not return to the house for 2 months, the bank cards were removed from him as they were not in his name.

    (H) did not have a bank account, his living funds was always through various cards, (W) or business.
    (W) has control of all the finances, collects rent from the rentals, invoices, pays rent on the businesses, funds (AC) because he is to unwell to work.

    Since the bail started, (W) cleared the house of "her" possessions (expensive clothes, bags, shoes and jewellery.)
    The (AC) was home alone and was eventually put into rehab.

    (H) has no access to any property as the rentals are in lease, and he isn't "written" on the business so has no authority to evict, and has been sofa surfing and living in his car with 6 dogs.

    It was agreed that assets would be divided and that a flat that was bought with (H) inheritance would be given back to be sold so he can move out the area, keeping 2 cars and he opted for a cash settlement, as they both agreed that they can not move on together.
    For this to work (W) instructed (H) to begin the process of winding down their car garage business and sell the assets in the business. because its a business all the funds have gone through a business account which (W) has.

    (H) had the idea of selling the family home, as it would make a profit and there would not be capitol gains, as (AC) was in rehab and (W) was staying away from the area, this would fund the settlement, but (W) alleges she tried to re-mortgage but was rejected, and said (H) can have the inheritance flat once noticed had expired and the (T)Tennant removed.

    (T) left the flat and (W) moved (AC) into the flat without informing (H)
    (AC) back on drugs after being kicked out and just a bed in a whole flat.
    (W) has now moved (T) into the marital home with a tenancy agreement, fully furnished, with all of (H) & (AC) belongings in.

    (H) & (AC) now having breakdowns as they have been completely restricted to everything, (H) is expected to travel to the business and sell items, finish work and has never been paid.
    (H) didn't want (AC) in the flat as he wanted to sell it to move from the area.

    (H) loosing all hope and doesn't know what to do, everyone has told him he needs a solicitor , and get a divorce, he is happy for mediation but he can not afford anything, the council say he is not homeless as legally he has access to property
    He has no family that can support him financially
    he has literally ran out of his "allowance" and is still expected to run and close down the business unpaid, and if not "he gets nothing" as he is "not named or deserves anything"(W)
    (H) & (AC) clashing because of the drugs, and (H) doesn't want to stay there in case he is implicated in any way, so he sleeps in the car.


    I'm worried because as a family friend, I really dont think (H) & (AC) can cope. both have hinted about ending everything as they have nothing now.

    (H) has spoken to a few lawyers on free time who have said there is a case. but he obviously needs money to take it to court. he is intitled to 50%, due to the length of the marriage and a marital home. they said he can get the police involved to gain access to retrieve belongings but there is a lot of stuff, it is a large house.

    has anyone got advice, as now (W) is making less contact

    and i dont know how long (H) aged +60 and 6 dogs can sleep in a car with no food
    Tags: None

  • #2
    I forgot to add, (H) was told he can not get legal aid as there is no domestic violence , and was then told that with what (W) is doing is classed as DV

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