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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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Hi, my daughter in law left my son 18 months ago for another

Customer Question

Hi, my daughter in law left my son 18 months ago for another man taking their two children with her. Her relationship with the other man has now become unstable and she wants to move back to the area she left and will be applying to the local council for housing. My son owns his own house, she is not on the mortgage or deeds for the house is he under any obligation to house her? He is quite happy to house the children but not her. Also would he be expected by the council to move out of his house and allow her to live there with the children and continue to pay the mortgage etc plus find himself somewhere to live, Thanks in advance
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old are the children and what is the position with regard to divorce proceedings?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Hi and thank you for your reply, my grandchildren are 9 and 7 divorce proceedings have not been instigated, the house is valued at about £225000 and the outstanding mortgage is £150000. She does not want my son to move out of his home. but she has been advised that the council may insist as he has an obligation to house his children. He obviously cannot afford the mortgage, support for the children and then rent and bills on another property for himself

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.


Its an ex council house and they are all about the same 3 bed £225/£250

Expert:  Clare replied 3 years ago.
Hi
Could you son raise any further lump sum?
Clare
Customer: replied 3 years ago.


No he wouldn't be able to, are you thinking to let her rent the house from him? and DSS pay the rent, this wouldn't be allowed as they would class it as a Contrived tenancy

Expert:  Clare replied 3 years ago.
Hi
No that wasn't the way I was looking - for that very reason
I appreciate that the property is and always has been in your son's sole name but it was the Matrimonial Home and on that basis his wife has a financial claim on it - and this is why the council will not assist with her housing needs
This can be dealt with in one of two ways.
Your son can move put of his property and allow his ex and the children to move in.
He will have to pay child maintenance she will have to pay the mortgage and the bills
Alternatively your son could "buy her out" and give her her 50% share of the property which she can use to rent a property.
When her capital is below £8000 then she will be eligible for Child Benefit again
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.


Hi and thank you again for your reply. My son owned a flat again in his sole name before she came into his life and he sold this to buy the house. He managed to get the flat due to a savings policy which paid the deposit I started for him when he was a baby and it matured when he was 21. She has never contributed towards the mortgage or anything in the house, in fact if anything she landed my son in debt due to a compulsive gambling problem. She then walked out on him taking his children and moved nearly 200 miles away so he can only see his children every two weeks. So please tell me why she would be entitled to 50% of my sons house. She obviously didn't see it as the marital home, she had an affair, and now that has gone wrong why should my son have to pay for it.

Expert:  Clare replied 3 years ago.
Hi
I am sorry - I understand all that you say - but the children are with her and their housing needs are the priority.
In addition I am afraid that the starting point for division of the assets is 50/50 wherever the assets came from.
It is a starting point not an ending point - and a court MAY award her less - but then he might have to wait to get his share until the youngest child is 18
I do not necessarily agree with it - but it is the law as it stands and she is entitled to a substantial capital share despite the lack of contribution
Clare

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