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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My dad has recently passed away and left hes property to me

Customer Question

My dad has recently passed away and left he's property to me in he's will the problem is he's ex wife, severed the tenancy to the property in 2007 after nearly 40 yrs of being divorced and is now requesting her half. Her name is XXXXX XXXXX deeds, is there anyway to fight this?
Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Was the matter not dealt with within the divorce proceedings?
Claire
Customer: replied 4 years ago.

no she left my dad in the early 70's and he buried he's head in the sand and would not sign any divorce papers so the divorce was passed after 10 years in the 1980's. She now lives in america. they have 4 children between them but i have never met them and my dad wanted nothing to do with them. When they bought the property only one of the children was living at home the rest were employed. When she left the property had no planning permission on it but my dad got that granted in the early 80's.


Thank you

Expert:  Clare replied 4 years ago.
Hi
When the divorce went through were finances dealt with at all?
has the house been altered and improved in the mean time?
If so how much has it increased the value?
Claire
Customer: replied 4 years ago.

Well when she left there was no planning permission for the house he put on there and the council was threatening to knock it down so the value of the property was really only the land which was 3 quarters of an acre. so in the 70's was probably not worth more than £5000. After he got planning permission the property value is now about £350,000. There was no finances dealt with at the time. she now lives in the usa. My dad was 84 when he died and the bungalow is in a bad case of disrepair and has a water leak which is down to us to fix. It also has subsidence but we are planning on moving in and doing as much to it as we can but don't really want to if they are going to be able to get us out. We have no assests and live in rented accomodation now so payin them off is not an option as my husband is 52 and due to financial problems not able to get a loan. I have 2 children one is 15 and the other 8.

Expert:  Clare replied 4 years ago.
Hi
So the property can be sold?
Claire
Customer: replied 4 years ago.
well i would rather not as i am not ready to loose my family home as well as my dad
Expert:  Clare replied 4 years ago.
Hi
I am afraid that she is going to be able to force a sale - unless you can buy out her share of the equity.
She has a clear claim on the property and the only area in which you have any room for negotiation is how much she will receive.
As things stand she is entitled to 50% - but you may be able to successfully argue that her share should be smaller because of the planning permission issue but I have to be honest and say that I do not think you will get it below £5 or 40% at best.
Claire
Customer: replied 4 years ago.
Thank you for your help
Expert:  Clare replied 4 years ago.
Hi
You are welcome - I just wish I had better news for you
Claire