House sale after divorce
Discussion
Never thought about asking this here until I saw a similar thread.
My partner was married and they bought a house together 18 years ago. He stopped paying the insurance and then stopped the payments and hid it from her whilst he had an affair. This affair came to light.. There was some domestic violence and a restraining order was put on him. She divorced him and the house was not considered during the divorce other than she would be living there with kids ... I have no idea why the legalities of the house were not sorted out at the time. She remembers being told something like 'it was pointless as he had no assets' . She almost had the place taken off her due to payments not having been made but was helped out by her employer. Their daughter is disabled and needed to stay with mum. Since then he paid nothing towards the house and virtually nothing towards his kids who stayed with her (son and daughter). So for the last 12 years she has struggled and paid the mortgage. He is now in a new relationship.
I appreciate she was probably badly advised during the divorce but it seems very unfair to her for him to get half the house now if she moves.
My only suggestion is we pay for some quality legal advice.. Anyone offer any suggestions as to any other courses of action we could take. I have considered offering him a token amount to sign the place over to her if that's feasible?
My partner was married and they bought a house together 18 years ago. He stopped paying the insurance and then stopped the payments and hid it from her whilst he had an affair. This affair came to light.. There was some domestic violence and a restraining order was put on him. She divorced him and the house was not considered during the divorce other than she would be living there with kids ... I have no idea why the legalities of the house were not sorted out at the time. She remembers being told something like 'it was pointless as he had no assets' . She almost had the place taken off her due to payments not having been made but was helped out by her employer. Their daughter is disabled and needed to stay with mum. Since then he paid nothing towards the house and virtually nothing towards his kids who stayed with her (son and daughter). So for the last 12 years she has struggled and paid the mortgage. He is now in a new relationship.
I appreciate she was probably badly advised during the divorce but it seems very unfair to her for him to get half the house now if she moves.
My only suggestion is we pay for some quality legal advice.. Anyone offer any suggestions as to any other courses of action we could take. I have considered offering him a token amount to sign the place over to her if that's feasible?
Assuming she never remarried, she needs to apply for Ancillary relief which is the process to divide marital assets.
If they cant agree an allocation they are both happy with a judge will decide for them. Based on what you have said it is very unlikely he would get half. He might get nothing!
If they cant agree an allocation they are both happy with a judge will decide for them. Based on what you have said it is very unlikely he would get half. He might get nothing!
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