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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I would value your advice My son will have been separated

Customer Question

I would value your advice

My son will have been separated 5 years at the end of May 2013,

His wife moved out in July 2008, to a rented house where her male friends could visit, apart from kitchen appliances she took everything else just left one chair that used to be in the garage for the cat to sleep on, I paid the deposit, and bought things like washing machine Fridge/freezer In August 2008 she had to car signed over to her, the car used to be mine but I let my son have it and the payments were as and when he could pay , at the time of handing it over no repayment had been made, the car was worth around 4000, at the time and she made no payment either, She now lives with one of those said friends who fathered her 3rd child, has moved into his house they enjoy holidays abroad, 7 seated vehicles, large TV's etc.

The house they lived in when together is in my son name along with his brother, as they could not get a mortgage together at the time, when she lived there she did not contribute much finally, they have 1 child born 2003 before marriage and there is another child born 2001 that my son has looked upon as his own. he pays the CSA for his natural child, he has access of every Thursday (both girls) from school and overnight, then every other week from Thursday until Sunday 6pm. he also takes them on holiday (only caravans).

Where the house is concerned what if anything would his ex spouse be entitled to the house was purchased for 140,000 in April 2006, i my self paid 10,000 deposit, with the understanding if ever sold my money be return if any profit made, I also paid over 2000, for the garden to be landscaped, another 1000, for a new kitchen. I paid for nearly all the furniture required so he could live there alone
money is very tight for him, and he does not want to sell the house, if any money from the property is due he would have to get a loan to pay it.
My son has also moved on and has got another daughter born 2010.
He would like to divorce on the ground’s of 5 years apart could you give me some indication of the costs please.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
How much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

mortagage taken out april 2006 for 133,000 approx left 120,000 28 years left there was 2000 to pay up front to the leander for proction if it became in default.

Expert:  Clare replied 3 years ago.
Hi
Do you know how much the property is actually worth at the moment?
Claire
Customer: replied 3 years ago.

there is one simiular round the corner for 145,000 been for sale a while

Expert:  Stuart J replied 3 years ago.

The house appears to be in Son and bros name. Does bro have any interest in the house or not?

There appears to be about £25k of equity less £10k agreed to be repaid to you.

Will she argue that £10k was a gift? What about garden and kitchen money?

How long were they together for before married?

Confirm he still lives in the house please and it is still in his and bros name

What is she asking for?

Please confirm that he paid the mortgage and bills on his own since she left.

What did they each contribute when the house was bought?

Customer: replied 3 years ago.

no my other son has no financial interest in the property just helped out in time of need if there was any profit i would want some of the garden money, the kitchen was paid for from my mother who left him 1000.in her will


he has always paid the morgage on his own plus bills if short i would step in.


 


got together in January 2003 married in July 2005 separated in May 2008


yes he still lives there with his new parnterand daughter


neither of them contributed anything i paid fees ect, they had furniture as they rented from 2003 they got this house at a discount as they were already living there as tenants she should not argue abot the 10000 as it was made clear to be repaid if sold .


she also ran up 9000 worth of debt on credit card which she did on line in my son name he had that to repay as well

Expert:  Stuart J replied 3 years ago.


Thank you.

In that case,
letters leave the brother out of the equation and treat this as though it is
simply the marital home. The fact that it is in your son's name only (we are
ignoring the brother) is immaterial because it is the matrimonial home and
therefore his wife has exactly the same interest in it as if in joint names with her.



She isnt liable
for the mortgage or bills if he doesnt live in the property and if she had it
might increase her interest in the property.



So on my simple
calcs the net equity is £15k after your £10k repaid. Her £9k of (presumably
selfish spending , not spending on the house) will be deducted from her potential
share.



So, what is her
share?



After 5 years
together including marriage that is relatively short so any split is unlikely
to e 50-50 IF contributions are unequal BUT they are not.



They have marital
child and they are under a duty to provide roof for the child until 18. However
the child already appears to be homed.



On this basis
therefore I think that she is entitled to little if anything.



However expect her
to argue that the house is worth more.



Can I help
further? Please bear with today because I will be off-line.



The next part is
really important for me:



Please don't
forget to positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

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answer.

The thread remains open. Thanks

Customer: replied 3 years ago.

just one more question what would the divorce cost leaving out any settlement.


going on the five years apart.

Customer: replied 3 years ago.

sorry, would the value of the car that was given to her come off any settlement figure?

Expert:  Stuart J replied 3 years ago.

It doesn't matter why they are getting divorced, provided that she agrees. (She cannot disagree after five years apart) than the fees should be basic.

The court fee alone is £340 which would usually be claimed back from the respondent (her) if he is the petitioner.

There are online facilities , but there is no reason not to use the forms from the court service website. . The petition form is D8 http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForms.do;jsessionid=0F3E0CE320C4FEF4029C0BA0BD0C9EADa

and save those online costs. Here is some reading for you http://www.terry.co.uk/costs04.html

If he doesn't want to be bothered, and he wants to instruct solicitors, , it would probably cost him under £1000 for the actual marriage dissolution itself , provided there is no arguing over finance or children, which are then dealt with in ancillary proceedings .

. If this was a marital car and not a gift,be taken into account if she now has exclusive use of it

Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
Hi
I fear my colleague has been hopelessly optimistic.
There are two children of the family involved and this means a starting point of 50/50 when it comes to the equity (which is about £20,000 rather than £25,000 given notional costs of sale)
Her solicitor will argue that the £10,000 is a soft loan which does not need to be repaid and whilst your son may well win that I am afraid that he will not be able to deduct the credit card in his name.
Realistically his ex is likely to get somewhere between £5o00 and £10000 - and no the car value will not come off the settlement figure
Claire
Customer: replied 3 years ago.

i feel rather disspointed by the other resonse, why are'nt answers checked when it is a paid service.


can she force a sale? does the older child count towads a settlement?

Expert:  Stuart J replied 3 years ago.

Because there are always two opinions to every court case, and we can only base and answer on your set of facts. We do not know what the other side of going to say when it gets to court.

If there was ever only one answer, no one would ever go to court. Each side in a court battle (supposedly based on the same facts) thinks they are going to win.. Even so,, one always loses. Civil matters are decided on the balance of probability, so the evidence only needs to swing 51% to one side for a judge to find in favour of that person. Yes, 1% tips the balance.

Regarding the £1000 on the credit card, if your son had no knowledge of this and she was using the card without his consent , it is actually a police matter and he will be able to recover the money. In fact, he will actually be able to recover it from the credit card company in those circumstances , but he will have to report it to the police first !

There is another issue which I have noticed and that is the £2000 paid up front on the mortgage in respect of what appears to be a payment protection insurance. . It would be worthwhile looking to see whether this can be recouped from the lender under the current mis-selling legislation. Both of them would need to make the application

If however she was an authorised user it is unlikely that he will.

If you mean does the third child count, the third child is the responsibility of its father.

Customer: replied 3 years ago.

could you please confirm if she can force a sale when her name is not on the morgage?


if say 10,000 is awarded to the wife, can this be paid say monthly?

Expert:  Stuart J replied 3 years ago.

If there is cash available it is unlikley that he can ask for time to pay. If a property is to be sold it can be ordered from proceeds.

They are married and virtually the same rights attach to the home as if it is in joint names.

It is a case of pay me or sell the house and the court can order that.

Customer: replied 3 years ago.

thank you

Expert:  Stuart J replied 3 years ago.
Glad to assist.

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