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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My mother is in a tricky position and I need some urgent advice;

Customer Question

My mother is in a tricky position and I need some urgent advice; my father smokes cannabis and has become delusional in the past 5 years accusing her of an affair with no proof. Instead he has been committing adultery with other women openly. He wanted a divorce and sent a solicitor letter on the grounds of 2 years separation but my mum cooked and washed his clothes even though they have lived in separate rooms so I sent a letter back saying we also want a amicable divorce but those grounds are not correct.
The problem is this; the UK property is under his and his sisters name; why? Because back in 1989 his sister was young and said to my mum he wants her on the property ladder so he put her name on there instead of my mums p. over the past 30 years my mum has asked him to take her name out as she has been paying the mortgage but he always put it off.. Now he is blackmailing her saying he will not remove his sisters name and out hers on until we agree to his financial conditions. The main crux of these conditions is that there is land in India worth approx £180,000 on his name and he wants 100% ownership of that + half the UK house (total value approx £300 k)..
I've had a look at the land registry but It states my mum cannot register a matrimonial interest in the house (HR1 form) as he is not the sole owner. I have a feeling if this went to court his sister would not fight it as she has never paid a penny and we could prove in court all the money was paid from my mums account for the mortgage.. FYI the mortgage finished last year and also he hasn't paid any utility or shopping bills in 7 months.
How do we move on with a divorce and ensure his sisters name is ***** ***** so my mum receives her rightful 50% on both the uk and India property?
He's playing mind games and may not even reply to a divorce paper being sent?
I'm in a bad situation as I am dealing with this on behalf of my mum, any help would be appreciated.!
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question

I need some extra info to be able to answer:

How much is the house worth roughly?
How much is the total mortgage on the house?
Does your father and his sister own the house in equal shares?
Who owns the land in India?
What other assets and liabilities (debts) are there?
Are there any dependent children?
What income do they each have from all sources?