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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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My brother has, in the last 2 months, devorced from his wife.

Customer Question

My brother has, in the last 2 months, devorced from his wife. She has all their money ( now in cash ) and is still livig in their house which is jointly owned. He is living in a rented flat which I am paying for, and he is on jobseekers allowance. He has no other income. He originall got Legal Aid but that has now been stopped so he has got no legal backing. How can he make his wife :- a. Put the house up for sale and
b. Hand over half of the money they both own. ( She has admitted to having £42,000 in cahsh )
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How far has the divorce reached?
How long have they lived together and are there any children involved?
How much is the house worth?
Claire
Customer: replied 3 years ago.


They are totally divorced-the 6 weeks period finished in June 2013.


They have lived together 40 years


Their children are grown up and live with their respective partners.


The house is worth about £180,000

Expert:  Clare replied 3 years ago.
Hi
Which of them issues the Petition?
Claire
Customer: replied 3 years ago.

My brother left home in December and started divorce proceedings in
January 2013. He did get Legal Aid but that has now been stopped so he has no Legal "backing" His only income is Jobseekers allowance. My sister in law did agree,in writing, to sell the house and she also admitted to having £42000 in cash. My brother's solicitor sent a letter stating that she had 1 week to let my brother have half of the cash. Nothing happened and he still hasn't got any money from her. (This was in January )Without any legal backing I am afraid that she will not do anything. What can we do ?

Expert:  Clare replied 3 years ago.
Hi
Where did the money come from
Claire
Customer: replied 3 years ago.

My brother had a good, well paid, job until 2 years ago when he was made unemployed because of the reccession ( He was in the building trade ).He then began to ask the family for money to pay off different debts eg credit card and energy bills etc. My mother took out an equity release to help him and gave him approx £25k. The rest of the money my sister in law horded away. It was not until just before he left that my brother realised that there was any money. To put you in the picture, he was mentally and physically abused. He was like a tramp when he left home. He is now much stronger but the scars are there. She is a total psyco. She has bipolar. All he wants is half of the money and the house. She keeps phoning and harrassing him to go back and she doesn't want to sell the house.

Expert:  Clare replied 3 years ago.
Hi
When he completed the Petition did he tick the boxes on the back page regarding the financial issues?
Claire
Customer: replied 3 years ago.


I don't know that information

Expert:  Clare replied 3 years ago.
Hi
Will you be able to get it or shall I give alternate options?
Claire
Customer: replied 3 years ago.


Could you give alternative options please. If you can let me know what the boxes are, I may know the answer.

Expert:  Clare replied 3 years ago.
Hi
The starting point is that your brother should try and discuss matters with his ex using Family Mediation (www.familymediationhelpline.co.uk)
If that fails then he needs to apply to the court for the financial issues to be dealt with using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
If he did tick the boxes he is applying to proceed with the application - if not then he is simply applying.
The fee is £245 - unless he is eligible for fee exemption - the form is here
http://www.justice.gov.uk/forms/court-form-finder?sq_content_src=+dXJsPWh0dHAlM0ElMkYlMkZobWN0c2Zvcm1maW5kZXIuanVzdGljZS5nb3YudWslMkZjb3VydGZpbmRlciUyRmZvcm1zJTJGZXgxNjBhLWVuZy5wZGYmYWxsPTE=
I hope that this is of assistance - please ask if you need further information
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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