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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My son was due to get married. He called the wedding off but

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My son was due to get married. He called the wedding off but his ex is still in his flat 10 months on. Her name is ***** ***** the mortgage and has never paid a bill but wants half of everything. He has sold the flat but she will not move out and has changed the locks. She has also kept wedding funds. Does she have any entitlement as my son is being advised to pay her £16,000.00 which will cripple him

My name is Mac. I can help you with your question. First I need a bit more information:

• when did they start living together?
• did she contribute to the purchase of the flat? how was the purchase funded?
• I note that she has never paid a bill, but has she paid anything towards the flat, including any mortgage payments?
• did they agree how the property sale proceeds would be divided at the time that it was purchased?

Customer: replied 3 years ago.
Moved in in June 2011
My son paid all the deposit for the mortgage
She has never contributed anything to the flat including any mortguage payments
It was never discussed as he purchased it in his sole name
Thank you.

One last question, because it looks to me that your son is in a strong position - has he been told why he's likely to have to pay her £16k? By who?

Customer: replied 3 years ago.
He has a solicitor but does not think she is doing her best fir him. She has advised in this settlement figure as court costs will out way this figure. I just want to make sure he has been given the correct advice.
There is a legitimate line of advice which goes along the lines of: "Look, if this goes all the way to a final hearing then it could cost you around £16k, so you'd be better off giving that to her to make this go away and spending it on lawyers."

However, I would make two points about that.

First, this would be decided in the civil court where a costs order is quite likely to be made in favour of the winning party. So if he is successful, he could expect to recover the majority of his costs.

Second, and perhaps more fundamentally, on the basis of the facts that you have described, the ex-fiancee seems to have a very weak case indeed. I would rate your son's chances as high of resisting her claim - although of course nothing is ever 100% certain in litigation.

I hope that is helpful.
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