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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34133
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 Ex wife died recently leaving my daughter aged 37 living

Customer Question

My Ex wife died recently leaving my daughter aged 37 living in the house along with the ex wifes partner, The two never married and have lived together for 18 years. My ex wife didn't leave a Will. He never contributed to the purchase of the house although he has worked on a commission basis earning approx £12000-00 per annum. My ex wife supported him to some extent. It was understood that he could live in the house until he either met someone else or died, now though he has put in a claim requiring the house to be sold and for him to have half the proceeds plus half the monies from the estate.
He is Portuguese and it is believed that he has some interest in a farm there and my ex wife helped in to send monies to Portugal to help fund his childrens universit costs as he could not afford so to do on is own. What would be a reasonable sum for my Daughter to offer him. Kind Regards ***** *****
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 and how much is outstanding on the mortgage?
What other assets are there?
Clare
Customer: replied 2 years ago.

The property is valued at £150,000, there is no mortgage. There is approx £80,000 in monies. All the assets came form the divorce settlement.

There is approx £20-000 worth of existing debt to be paid off when probate is granted. Thanks

Customer: replied 2 years ago.

The property is valued at £150,000, there is no mortgage. There is approx £80,000 in monies. All the assets came form the divorce settlement.


There is approx £20-000 worth of existing debt to be paid off when probate is granted. Thanks

Expert:  Clare replied 2 years ago.
HI
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Probably £70-000

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the length of their relationship does give her partner a claim on her estate - and being awarded 50% is not impossible - but it is unlikely.
A figure which allows him to adequately rehouse himself is the most likely outcome - and an early offer of that amount may well ensure that if he is stubborn and the matter goes to court the Judge will feel that your daughter acted appropriately.
I hope that this is of assistance - please ask if you need further details
Clare

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