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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33005
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is unfortunately going through a divorce a her

Resolved Question:

my daughter is unfortunately going through a divorce a her husband has admitted adultery. (and much worse , not admitted!!).. However there is one child of the marriage (9years old) and another age 17years previous marriage. In a settlement is my daughter obliged to sell the property , or can she retain occupation until the younger child is 18 years of age . she has a pre-nup protecting her 90% interest n the property and a DEED of Trust favoring her wth 90%/10% also. It is registered at land registry as 90%/10% The husband can receive his 10% without a problem and without selling , but nothing more , He claims he will get 40 -50% . , as he need a home, but he could rent as he has done so since he left home. Unfortunately owing to his mental state it is not possible to reason with him. We have been advised that we should not include reference to his various deviations (cross dressing, suicidal, male sexual desire, constant extreme swearing, and womanising (mainly older vulnerable divorcees) as they are NOT relevant to form E. , However my daughter may have forgiven adultery, but the extreme matters she could not accept in a heterosexual marriage. Can she is insist that a reference to unacceptable matters was included without being specific, but stating that full proof was available if it goes to the Court.OUR SOLICITOR HAS DELETED THE OTHER MATTERS AS SHE STATES THAT THE COURT WOULD NOT CONSIDER THEM.....HOWEVER THEY ARE VERY RELEVANT

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
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 house worth and how much is outstanding on the property?
How much would a cheaper three bedroom property in the same general area cost to buy?
What income do they each have?
Customer: replied 1 year ago.

House value is given by three local estate agents a £450,000-£469.500 ( it needs some updating) Costs to sell app £13000.

Outstanding is a £30,000interest free loan to my daughter by her parents and a similar loan to her husband by us £30,000 interest free (less £9500) repaid by him to date , he owes £20,500.

A cheaper Three bed would be £365000-£395000, the latter being in school catchment area (£395000) .

So equity is £385000. There is no way that my daughter could get a mortgage, ( I would be prepared to leave the loan to HER in place.) until needed in my retirement plan.

Tracy income is app £5,400 a part time special needs teacher assistant...... she receives tax credits and her total appears to be £17000 from all sources

His income from two sources is likely to be declared as app £17000 poss less ( in fact much of his secondary business is (allegedly)undeclared cash sales and services. On a dating website he declares £25000-£35000 as his income !!

He pays maintenance for his son of £55.00 p/w and DOES NOT pay Tracy any.

Tracy has always paid all domestic bills. Tracy is running at a financial loss now and has used up any savings that she had.

He is currently renting as he has never owed a property

and has only recently take an interest in his son when the divorce was started

Expert:  Clare replied 1 year ago.
You must listen to the very good advice the solicitor has given.
The matters you refer to are NOT relevant to the finances in any way - and including them will give the Judge the impression that your daughter is being vindictive - so please do not insist on them being included.
It is highly unlikely that the husband will receive a 40/60 settlement and an immediate sale.
More likely is a smaller percentage for immediate payment (say between 15% and 25%) or more - 30% to 35% and a sale when the child is 18
Please ask if you need further details
Customer: replied 1 year ago.

Dear Clare,

Current value of house is £450K....and there is a personal loan of (£30,000 Tracy and £20500 her husband.)attached to the house.

Selling costs are likely to be £13500 leaving total equity £386000. Can we deduct also repurchasing costs expected to be some £11500 for stamp duty and legal costs ?

Also all estate agents (3) say that to sell it would be necessary to renovate existinh house at a cost of some £12000.-£15000 Does this come off nett equity.

Her husband has NEVER paid for any mortgage (married 2009).and Tracy has always paid household bills (apart from weekly food).

He may claim that he need a house to have his son stay, but in fact he has only recently taken an interest in him, and has been renting since he was asked to leave and his parents refused to allow him to move back in.!!

He is unlikely to get a mortgage as his declared income is considerably lower than his actual income(allegedly).

SPECIAL NOTE.......when Tracy separated from her first husband it was on grounds of irreconcilable differences and he agreed by contract (Deed of Separation to provide her with funds from sale of house to enable her to purchase a Three bedroom property subject to an overriding agreement that she would continue to provide accommodation for HIS children until such time as they each elected to move out(he provided at that time £240,000). He currently lives in his parents house and occasionally the oldest girl stays overnight.

As Tracy is currently runing at a loss all of her limited savings have been used up , he does NOT pay her any maintenance ( the boy receives £55.00 per week.) He does NOT support his stepchildren and never has.

Carl 17 (is unfortunately a severe Crohns suffere and gemma 21 is a severe asthmatic and allergy sufferer, as result of which she has been hospitalised on more than one occasion. It is unlikely that she could manage if she moved out as she often needs medical care. Also Scott the boy of present marriage is alo a severe asthmatic and needs constant care.

It is likey that it will be essential to sell anyway as Tracy cannot afford outgoings as she has only a part time job Special needs teaching assistant) and tax credits. Part of tax credits may be reduced if Carl gets an apprenticeship.

If E forms are exchanged is it usual for the two Solicitors to come to an agreement or does it go before a court anyway.......Whilst I accept your advice NOT to mention his 'actions' on the E Fom, if it goes to Court then surely a full disclosure would be in order.

Tracy was prepared to consider a reconciliation , despite his admitted adultery but the other factors were too horrendous to accept in a heterosexual marriage.

If a amount is agreed by the parties or the Court based on current valuation what is situation is selling price varies + or - . Does he have the right to claim more if it increases. Alo if Gemma did decide to move n with her own Father (or elsewhere would that affect matters.)

Tracy' solicitor has been advised of maximum that could be provided( if I as her father withdraws from my pension fund) up to a max of £44000 and I could forgo my loan of £20,500) meaning he will get about 65000 which is double his total contribution.

In the event of greater award to him Tracy would have to move to a cheaper area some considerable way away, and this would be totally unfair to the child as he would lose contact with not only his friends but both maternal and Paternal grandparents(none of us GPs want that !!.) Can you kindly advise of your thoughts with this info.?

RThanks James

Expert:  Clare replied 1 year ago.
There is no point at which the behaviour you allude to is relevant to the financial issues between your daughter and her ex and no point at which mentioning them will assist your daughter.
When looking at the valuation of the house it is the value of it was sold as it is now that is relevant - not after renovation - and the potential purchase costs are not deducted from the value.
If a sale is ordered the division will be a percentage - not a fixed sum.
Agreement can be reached at any time
Customer: replied 1 year ago.

Dear Clare

Than you for prompt reply.......Is any agreement available by the Solicitors contacting each other.??

ad possibly agreeing a figure.

The husband has been unapproachable direct in this respect and appears to be adopting a mercenary approach despite the fact that his child would have to move schools and possible live a long way away in a cheaper area.

Our Solicitor states that she know the opposing Solicitor very well and it would seem the best way forward.(assuming this is acceptable to her and he is willing to act)

Our Solicitor knows our financial limits and Tracy's husband knows her precarious financial situation.

Whilst you state that the presence of certain agreements willingly entered in may not be considered,

I feel that if it had to go to Court then..they should..........

Orig Deed of Sepn, First husband protecting part of property for his children,states that his children must retain a domiciled interest if they desire

Land Registry Certificate stating 10% and 90 % respectively.

Pre Nup and seperate Deed of Trust giving 10% and 90%

.These were all WILLINGLY agreed and it is totally without justice if they are not upheld especially a the cause of the divorce is firmly bound in the husbands Actions'

PS out of respect for you I will not recount them, but they are NOT acceptable within a heterosexual marriage.

Do you think this is best way to solve the problem or should I as a concerned father and GRANDPARENT attempt to reason with him.??? ( He has admitted on tape that he had mental problems, so may be difficult.)

If NO agreement poss. what is next stage , presumably a court, whereby it would be necessary to disclose all

the husband's actions. However for the sake of Scott(9years of age) this would be best avoided as contact would be even more difficult.

Presumably our Solicitor could outline this with the opposing Solicitor.

Your kind advice appreciated.


Expert:  Clare replied 1 year ago.
Please do NOT get involved - I am afraid it will not help.
The only relevant document is the Pre-Nuptial agreement and assuming both parties had separate legal advice at the time it was made then it will have considerable value.
It is likely that the solicitors will contact each other and try and reach a consensus on where the actual disputes are.
Customer: replied 1 year ago.

Kindly indulge me. I will take your advice regarding his behavior. The Pre- nup was carried out on line and had a clause which stated that both parties had the opportunity to seek legal advice.... (there is no other certificate attached).

However the Deed of Trust specifies the financial interest as does the Land registry document and it is a 90/10% split which both parties readily agreed , The property is held as Tenants in common.

IMPORTANT .... on the petition it states that the third party is unknown( as he did not wish her named) , however she is known by name but not address , what should we do in this case. ( if we state unknown part of the damning evidence may not be admitted if the parties do go to Court.?), We are requesting our Solicitor to attempt to negotiate with the opposing Solicitor .

We have just been informed that his fresh allegations are that my Daughter is planing to sell up and move away as she has been packing stuff in boxes and sacks of clothes....(when he called to pick up boy). However this again unfortunately reflects his mental state a in fact the bags are mainly clothes for charity. , possibly some items for a boot sale and mostly are children's toys etc (outgrown). The boy NEEDS to remain in this area as we all wish him to attend the brilliant family school where all of my children and my grandchildren have and are attending

.It would only be necessary to move away if the settlement however unfairly was punitive and no property within my daughters range was possible. However she will in any case need to downsize as her income is less than her outgoings and she is looking in this area (only!). to get an idea of what she can afford after the divorce has settled.

.He may attempt to obtain an unreasonable amount stating that he needs to buy a property so that Scott could stay overnight BUT he has never owned a property and in fact since his parents refused him to return to their home (following his actions of which they are aware...) he has rented and there is no reason why he like many others could continue to do.

Expert:  Clare replied 1 year ago.
I am so sorry but it is highly unlikely that the Pre-Nuptial agreement stand scrutiny - the courts expect some face to face legal advice to be involved and without it it is unlikely that it will be seen as valid.
The Deed of Trust is simply not binding on the Family Court within the divorce settlement.
The name of the third party is simply not relevant.
The priority is the housing needs of your daughter and the child - his housing needs are of lesser importance
Customer: replied 1 year ago.

Hopefully final question..... At his request we opted for ADULTERY a the reason for te divorce , however if he is

not prepared to accept a fair offer are we at this stage able to change plea to Unreasonable behavior to include the deviations etc as stated above. I intend to ask our Solicitor to attempt to reach a fair figure to both parties ,

with the opposing Solicitor.

However he is still acting irrationally, as my grandaughter was packing cast off clothes which no longer fitted her for charity, and he accused my daughter of planing to sell up and disappear with Scott. Is there no hope he needs help(in my opinion).

May be too late in the day to change.



Expert:  Clare replied 1 year ago.
No you cannot now change the ground nor would there be any point on doing so - it would make no difference whatsoever.
Far better to let him make a fool of himself as he is clearly doing
Clare, Solicitor
Category: Law
Satisfied Customers: 33005
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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