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.
there is one simiular round the corner for 145,000 been for sale a while
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?
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
In that case,letters leave the brother out of the equation and treat this as though it issimply the marital home. The fact that it is in your son's name only (we areignoring the brother) is immaterial because it is the matrimonial home andtherefore his wife has exactly the same interest in it as if in joint names with her.
She isnt liablefor the mortgage or bills if he doesnt live in the property and if she had itmight increase her interest in the property.
So on my simplecalcs the net equity is £15k after your £10k repaid. Her £9k of (presumablyselfish spending , not spending on the house) will be deducted from her potentialshare.
So, what is hershare?
After 5 yearstogether including marriage that is relatively short so any split is unlikelyto e 50-50 IF contributions are unequal BUT they are not.
They have maritalchild and they are under a duty to provide roof for the child until 18. Howeverthe child already appears to be homed.
On this basistherefore I think that she is entitled to little if anything.
However expect herto argue that the house is worth more.
Can I helpfurther? Please bear with today because I will be off-line.
The next part isreally important for me:
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just one more question what would the divorce cost leaving out any settlement.
going on the five years apart.
sorry, would the value of the car that was given to her come off any settlement figure?
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
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?
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.
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?
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.