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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My husband left me in January 2014 - I was left in the family

Customer Question

my husband left me in January 2014 - I was left in the family property which had an annex that his mother lived in - in Nov 2014 he stopped paying the mortgage and I could not afford it with household bills as well.
I wanted sell the property but his sister and him were set against it.
In the Feb of this year he sent me an email basically saying that if I agreed within the next 72 hours of his sister buying the property then I would receive £20k - due to the stress it was causing me I said yes.
last night he sent an email saying that he was only giving me the 50% of the equity - I feel that all this was planned - do I have a case as I feel they obtained the bungalow fraudulently?
Thanks
Donna
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How much is the house worth an dhow much is outstanding on the mortgage?
What other assets are there and what income do you each have.
How long were you living together and are there any children involved?
Clare
Customer: replied 2 years ago.

Hello

The house was valued at £325,000 and we had £135,000 outstanding mortgage

the contents of the house I took as he said that he wanted nothing

we were married for 24 years

we have 3 children - 25years 23years and 18years all were still living in the family home

thanks Donna

Expert:  Clare replied 2 years ago.
Hi
What other assets are there and what income do you each have?
How much has he actually offered you?
Clare
Customer: replied 2 years ago.

No other assets or savings

Mt salary is £22500

He said he would give me 20k nut has only given me 9k

Expert:  Clare replied 2 years ago.
Hi
How much did you sell it to his sister for and when?
Clare
Customer: replied 2 years ago.

She got a Mortage for £165k in June 2015

Expert:  Clare replied 2 years ago.
Hi
Has the property been transferred to her?
Clare
Customer: replied 2 years ago.

Hello

Yes the property has been sold to her and she is now living there

Expert:  Clare replied 2 years ago.
Hi
When was the sale completed?
Clare
Customer: replied 2 years ago.

27 may 2015

Expert:  Clare replied 2 years ago.
Hi
Are you intending to start divorce proceedings?
Clare
Customer: replied 2 years ago.

Eventually but T present I don't have the funds to start but my husband has emailed me last week to say he is starting divorce precedings

Expert:  Clare replied 2 years ago.
Hi
That is helpful for you.
Do you believe that his sister will eventually give him a share of the property?
Clare
Customer: replied 2 years ago.

Yes I do

Expert:  Clare replied 2 years ago.
Hi
I agree.
Did you have independent legal advice to deal with the transfer to his sister?
Clare
Customer: replied 2 years ago.

No I didn't he emailed me on a Saturday and said that he would give me 20k ( what he worked out to be the equity ) if I agreed to selling to his sister by the Monday as I had had enough off the nasty emails and text messages from him and his sister I thought it would be an easy solution - he has emailed me this week saying that he will give me the rest of the money after a divorce - today he has emailed me saying that he wants a divorce on the grounds that we have been separated for 2 years but it's not 2 years until Jan 2016 - he wants me to agree that we lived separate lives for 6 months before he left but we didn't - I don't want to lie in order to get my money he promised me