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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1389
Experience:  Senior Partner at Berkson Wallace
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I need to know how my sister stands in respect of her divorce.

Customer Question

I need to know how my sister stands in respect of her divorce. She has MS and lacks mental capacity and I am her litigation Friend. The divorce has been finalised but we are still negotiating financial settlement. She and her ex husband own a home and still paying a mortgage. Their financial situation is that her ex husband pays the mortgage and she pays household bills and for her own care. This means that both are paying out about the same each month. Her ex husband is now in the process of moving out of the home because he is going to rent a property with his new partner who is pregnant and he has informed his Solicitor that he will no longer be paying for the mortgage.
My sister does not have enough funds to pay the mortgage and we are now worried that the building society may have her evicted if mortgage payments are not met. Can you please tell us how she stands in this matter please, thank you. Hilary
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 house worth and how much is outstanding on the mortgage?
What income do they each have and how much is the monthly mortgage payment?
Clare
Customer: replied 3 years ago.

Hi Clare Thank you for coming back to me. House is worth approx £350,000 and £173,336.86 outstanding at 3/3/2014. Repayment mortgage per month is £981.79. Income for ex husband £22,632.00pa and my sister has £30,492.88pa of which she pays for her care costs out of this (24/7 live in care). Hope this helps, thanks you. Hilary

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

Hi Clare

Sorry did not get back sooner. My sister will require a two bedroom property as her carer is live-in. She is no longer able to walk or stand and is confined to a wheelchair so will need either a bungalow or ground floor flat with adapted bathroom. Our housing options are if she has enough funds to buy a property, rent a property or shared ownership. She is not eligible for CHC Funding. 2 bedroom properties are in the region of £170,000 upwards. If we gets a shared ownership property the deposit would be in the region of 5-40% and depending on how much deposit is paid rent is worked out for the rest of the purchase price. So the more deposit she has the lower the rent. I have registered her on the shared ownership scheme. Rented properties are in the region of £750-1,200 per month but renting is not guaranteed for a long term stay and also we will have to adapt a bathroom if a disabled bathroom is not insitu. Obviously we think that buying a property is probably out of the question. Hope this helps. Many thanks. Hilary

Expert:  Clare replied 3 years ago.
Hi
Is a two bedroom shared ownership property a realistic option locally?
Clare
Customer: replied 3 years ago.

Hi Clare, yes hopefully, there does seem to be quite a good amount and there are new sites going up all the time. I think it is always pot luck these days. Hilary

Expert:  Clare replied 3 years ago.
Hi
Would £100,000 be sufficient capital?
Clare
Customer: replied 3 years ago.

Hi Clare, no not really, I think we have to look at at least 75/25% split in favour of my sister given her needs, she is no longer able to work whereas her ex husband runs the business and still works, and really do not want to come much below this. Hilary

Expert:  Clare replied 3 years ago.
Hi
How much is the business worth?
Clare
Customer: replied 3 years ago.

Hi, we are not going to go after anything here as the business assets etc are not large and this will be the ex husband's only income. Hilary

Expert:  Clare replied 3 years ago.
Hi
That is fine - but the value is still relevant to the calculations
Clare