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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33805
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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I have a couple of questions, quite different. 1) My

Customer Question

Hi, I have a couple of questions, quite different.
1) My sister and her ex husband separated 6 years ago after an 11 year marriage. They divorced easily and amicably via a DIY divorce package. She left the family home as they had 3 dogs and he could keep up the mortgage where she couldn't on her own. Her name is ***** ***** the the mortgage and deeds (they have a joint mortgage).
The Ex husband has since re-married, the dogs have all passed away and he inherited a fairly large sum from his uncle and father. He says that there still isn't enough equity in the house to get her off the mortgage even with his wife etc. he can't afford to buy her out/re-mortgage when she asks and he won't give her any of the paperwork so she can look into things herself.
She has a lot of personal debt she took away from the marriage and wants to potentially be able to declare bankrupt so she can start again. She is in a low paid job and has health issues. She feels guilt for the failure of the marriage and hasn't wanted to go bankrupt because of her name still being on the house but she now feels he's had enough time to sort things out. Please can you advise what her best course of action should be? If she declares bankrupt will it put the house in jeopardy?
2) My parents and my sister want me to take care of my sister's finances in the event of their death. So if she inherits a good sum of money, they want me to help her invest it and to ensure she is unable to spend it all without making some provision for her future, like investing in a small property. She has not remarried and has no savings or investment. My parents are just about to re-write their wills and want instructions included. How can we facilitate this, through a trust or something?
Thank you in advance,
Natasha Watson
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first1.How much is the house worth and how much is outstanding on the mortgage?2. Why do they not feel that she can manage the money herself?Clare
Customer: replied 1 year ago.
Hi Clare,the last time her ex husband told her anything about it which was a few years ago, since then he has refused to tell her anything the mortgage was 152K just looking online but without proper valuation it's probably worth about 180K now.
As I said he refuses to give her any information, even who the mortgage is with and she can't remember.My parents and my sister want to ensure that she has at least somewhere to live when she is older if she decides to be on her own. She currently lives with a partner but everything is in his name. She cannot manage money, always lives beyond her means and as I am her only relative outside of my parents I would end up looking after her if she couldn't afford a place of her own. She works in a bakery and suffers with depression and a number of other health issues.
It's a safeguard she wants as well. Her inheritacne will be hers but they all want me to be able to safeguard it's use.
I am financially OK and have a good job, they know and trust that I will look after her, it's just this way I have the ability to help her do it herself.
Expert:  Clare replied 1 year ago.
I have to ask - what if you go first?
Customer: replied 1 year ago.
you mean before my parents?
Expert:  Clare replied 1 year ago.
Hi
Yes
Customer: replied 1 year ago.
it's a good point, if I'm not around and then my folks die then she inherits everything and we hope she gets decent advice.
Expert:  Clare replied 1 year ago.
1. You sister is entitled to apply to the courts for an order for the sale of the property so that she can receive her share of the equity and be released from the mortgage immediately.Indeed if she makes an applictaion within the old divorce proceedings - as she is entitled to do - then technically all of his assets are at risk and she could get more than half of the equityThe starting point is for her to offer to discus smatter with him using Family mediation2. It is not wise to set this up for the reasons outlined above. If your sister does think it is a good idea for you to help her then there is no reason why she cannot ask you to do so without there being any need for an expensive trust.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
even though she is already divorced and hasn't paid anything towards the mortgage for 6 years?
Expert:  Clare replied 1 year ago.
Hi
Yes even though both those things are true!
He has been living there - she has had the costs of living elsewhere!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33805
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 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Brilliant thanks Clare, sound advice and really appreciated.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - try not to let your sister be bullied by her ex! (easier said then done I fear)
Clare

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