How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33494
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

After 22 years my partners ex husband is claiming half her

Resolved Question:

After 22 years my partners ex husband is claiming half her house. He never contributed to the morgage after the divorce. He has actually waited for my partner to pay off the morgage and totally fix the house including a new roof, new windows, kitchen and bathroom refit. The youngest child turned 18 in 2000 and he never made any claims then, but the morgage still had 12 years to go. My partner was medically retired in 2012 and is unable to ever work again and only has a pension of £235 pm. This will end up in court and my question is: financially we can not afford a solicitor and because of my partners ill health she is unable to represent herself, would I be allowed to speak for her in court, even if it meant she gives me a power of attorney.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth; how much did the work done enhance the value of the property an dhow much was the outstanding mortgage when he left?
Was there a financial Order within the divorce proceedings and dis he ever pay child maintenance?
Clare
Customer: replied 2 years ago.

The property is worth around 85000 - 90000.


 


The roof was 3750, the windows was 5600, the central heating 2200, the loft floored and boxed 1500, kitchen and Bathroom refit 2300.


 


The morgage was taken out in 1985 for 15000 They separated in 1989 so the morgage was only 4 years old when they seperated. Both he and my partner contributed toward the morgage for the first 4 years and then my partner paid it for the duration, until it was paid off in 2012


 


We are not sure if there is a financial order and I have applied for copies of statements from the Woolwich, and copies of all the paper work from the divorce. He did pay child maintenance of 7.50 per child until they reached the age of 17 there were 3 children.


 


I did see a solicitor and he did say her ex husbands name is XXXXX XXXXX the deeds and he was entitled to claim half the value of the house however his share would decrease because of the circumstances ie the expenses we have spent on the house, the fact he has waited all this time and that he waited for the house to be paid off etc, My partner has struggled all her working life to hold onto the house and if she knew this was coming she would have let it go instead of struggling.


 


If this ends up in court we do not have the money to pay solicitors and I really wanted to know if it would be possible for me to speak on my partners behalf, she was medically retired and is just not up to this. If the magistrate ruled in her ex husbands favour and awarded him anything more than 10000 we would be forced to sell the house. This just doesn't seem right. I would have expected the solicitors/courts who dealt with the divorce to have been more clear as to every ones position and if he was going to claim half the house 25 years later surely he should have been contributing to the morgage?

Customer: replied 2 years ago.

I have paid £33 for you to answer a question which was: "If I was able to talk for my partner in court" and you have asked me to answer more questions yet there has been no reply.


 


Please could I know why I have paid £33.00 for you to ask me questions.


 


 


Please could you let me know if I can talk for my partner if this case when to court or not.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay I was in court all day
I asked the questions to try and assess the extent of the problem that you are facing.
The fact that he paid that maintenance without the involvement of the CSA would suggest the existence of a Court Order - however the fact that your partner has no recollection of negotiations involving the house is a major concern
The matter HAS to be dealt with sooner or later as otherwise on the death of your partner her ex might obtain ALL the property unless your partner Severs the Joint Tenancy (unless she has already done so) Even if she has then your chances of successfully getting more than 50% of the equity is remote.
In terms of the actual settlement the important issue is how much the work you did increased the value of the property - which is likely to be by more than you actually spent so it is VERY important to get the valuations sorted swiftly.
In addition IF there wasn't a Financial Order made and IF she has never been married then her best option is to make an application within the old divorce proceedings as the Family Court has wide power to redistribute the assets in any way they consider fair
I have to say that I doubt it will be as low as £10,000 but it could be - and certainly I would hope it cold be kept to under £20,000
It will also be possible to claim credit for some of the mortgage - i would suggest claiming a set off of £5,000
I fear that this will not get the figure down to £10,000
With regard to the issue that you raised you are able to act as a Mckenzie Friend and be with your partner in
Court BUT you cannot speak for her - only a solicitor or barrister can do that HOWEVER you can deal with all the out of court matters and then use a Public Access barrister for the hearings - the best of both worlds as it were
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33494
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters