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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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MY SON IN LAW HAS SENT A SOLICITORS LETTER TO MY DAUGHTER DEMANDING

Resolved Question:

MY SON IN LAW HAS SENT A SOLICITORS LETTER TO MY DAUGHTER DEMANDING THAT SHE PAY HALF OF HIS DIVORCE AND SOLICITORS FEES. SHE DOES NOT WANT TO FILE FOR DIVORCE AT THIS TIME AS SHE CANNOT GET A MORTGAGE BECAUSE SHE DOES NOT HAVE A REGULAR WAGE. THEREFORE SHE WANTS TO WAIT UNTIL THE HOUSE THEY OWN CAN BE SOLD OR REMORTGAGED AND THE FINANCIAL DETAILS ARE SORTED OUT. THEY HAVE TWO CHILDREN B UT HAVE COME TO AN AMICABLE ARRANGEMENT WHEREBY THE CHILDREN SPEND ALTERNATE WEEKS WITH EACH PARENT. MY DAUGHTER IS LIVING IN RENTED ACCOMODATION IN THE SAME AREA AS THE FAMILY HOME. DOES SHE HAVE TO AGREE TO A DIVORCE AT THIS TIME AND IS SHE RESPONSIBLE FOR HALF HER HUSBANDS EXPENSES
Submitted: 2 years ago.
Category: 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 old are the children and may I ask why your daughter does not wish to remain in the property?
Clare
Customer: replied 2 years ago.

children are 16 and 14 years old respectively. My daughter left the property because she could no longer live with her husband who she finds very controlling and uncooperative. He is not open to any discussion and cannot tolerate change. He is adverse to having any company or friends in the house. They had split up once before and at that time he left for six months but unfortunately when he returned after this it was clear that nothing had changed and no reconciliation was possible. This time she felt she should leave as living with him was not tolerable and she felt the situation was upsetting the children

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Are the children content with the shared care arrangements?
Clare
Customer: replied 2 years ago.

children are content. house worth about £170,000 with about £15,000 outstanding

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

not sure but would think about £165,000

Expert:  Clare replied 2 years ago.
Hi
has she looked into any local shared home ownership schemes?
Clare
Customer: replied 2 years ago.

yes but she cannot get even a small mortgage as her income from work is not from a permanent job. She has fairly good income but is paid only as long as the funds are received by employer to pay her. She has approached building societies but none would give her a mortgage on that basis even if she could put down a large deposit from sale of house. She is currently renting a flat rent£595 monthly to provide a home for the children when they stay with her. she states she would have to get mortgage with shared ownership.

Customer: replied 2 years ago.

Yes but these schemes require a mortgage and she cannot get one as her employment is not permanent

Customer: replied 2 years ago.

YES BUT HAS BEEN INFORMED THAT SHE WOULD HAVE TO ALSO GET A MORTGAGE WITH THIS SCHEME AND AS SHE IS NOT IN PERMANANT WORK SHE CANNOT GET INTO SHARED OWNERSHIP SCHEME

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - we are all working lawyers and sadly sleep was needed
With regard to the original question if her ex is determined to start a divorce there is little point in trying to oppose this, however she can write and say that whilst she is willing to agree not to defend an agreed Petition she will only do so provided there is no claim for costs.
This will enable her to make an application for the financial issues to be dealt with by the Court if her ex continues to refuse to deal with it
If her ex has sufficient income to raise a mortgage then he may well be ordered to either pay your daughter her share of the property or sell it.
Your daughter should investigate Shared Ownership further as it is possible to buy a share without putting a mortgage down - and the amount she requires may well effect the actual division of the equity in the matrimonial home
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

My daughter now informs me that she has slept with another man on a casual basis. Her husband found some emails on her computer that implicated her. At the time he begged her not to leave him as he could not live without her. He said they could put it all behind them and asked her to continue their relationship. The casual relationship had ended by this time but although she continued living in the marital home it soon became obvious that he was continuing with the behaviour that drove her away in the first place and she left home because his behaviour was upsetting both of the children.

Expert:  Clare replied 2 years ago.
Hi
]That does not change anything
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you please advise if because of the adultery she has to pay half husbands costs and half solicitors fees as has been demanded in letter from his solicitor ?

Expert:  Clare replied 2 years ago.
Hi
Provided she has not admitted the adultery in writing then her ex cannot prove it - so if he wants a divorce then he needs to pay for it.
Clare

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