They married in 2004, having previously lived together for approximately three years. No financial order has been made on the divorce. There are no children. The value of the house is £160,000, it would normally be higher but it is suffering from subsidence. There is no mortgage. He was given £80,000 two years ago. There are no other assets.
Thank you for your advice. Will my daughter need a solicitor to file the Form A in court? So far, I have been unable to find the Form A on various legal websites, let alone download it! Presumably, there will not be any difficulty in obtaining one from our local court?
My daughter's house is suffering from subsidence (which started just as her ex left) and she is in dispute with the insurers as to amount of compensation they will pay. The ex thinks he should get more money when the house is restored to its original condition. Do you think the court will look upon this favourably for my daughter and more likely to dismiss his claim? When he received £80,000 from my husband and me, he signed a receipt in which I had said "further payment to be made on completion of the property", and which I also signed. My daughter had no knowledge of this and did not sign it. Does it have any legal bearing?
The house, suffering with subsidence, was valued at £160,000. By the time of the valuation, the ex had divorced my daughter (within a few months) and £80,000 was a fair division of the value of the property. In order that my husband and I had evidence of him having received this money, I typed a receipt for him to sign, which included this phrase. The house, were it not suffering subsidence, would probably be worth say £230,000 and this is what he considers he should have half of. However, three years on with the house blighted, even when repaired, this figure would never be achieved. We were very fond of our son-in-law and wanted him fairly treated despite his breaking up the marriage by his infidelity. I do not see how he can expect to have any more money, three years on, without any input into its upkeep. It could be years before it is sorted with my daughter in dispute with the insurers. In the meantime, the condition of the house gets worse and its value decreases. About a year ago, he said he'd had enough and would remove his name from the deeds, but did not.
All we want is to get rid of him!
Thank you. Can you tell me to which Court the application is made and presumably this is where I can get form A? I am still unable to find the form, with forms only going up to something like 399 not 2655 on the website you gave me. Presumably, it is a costly process as you think it would be worth paying him a modest further payment? Thank you for your help.
Thank you. What if my daughter did nothing, could she, say after seven years, get his name removed from the deeds then? I have read in newspapers where people have disappeared and after a number of years their assets are disposed of. My daughter has no intention of leaving the property, and it is highly unlikely that its value will increase with the subsidence blight on it. It has been valued by estate agents who say it's unsellable in its present state.
Thank you, Mac. Just one last thing (I think!). Will my daughter be dealing with Magistrates' Court or County Court?