How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JeremyT1020 Your Own Question
JeremyT1020
JeremyT1020,
Category: Family Law
Satisfied Customers: 259
Experience:  Expert
110498620
Type Your Family Law Question Here...
JeremyT1020 is online now

My son and his wife of 18yrs have split up. They moved house

This answer was rated:

My son and his wife of 18yrs have split up. They moved house 10mths ago in joint names. She moved out at the end of March this year leaving my son and their 19yr old daughter., who is at uni in Leeds and comes home at weekend. They have had no contact from her. How long is my son and grandaughter allowed to remain in the house?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing has happened as she will not reply to any txt. He is a present trying to get the bills etc put into his name.
JA: Have they talked to a lawyer about this yet?
Customer: No he hasn't, and hasn't received anything from any lawyer. He has no contact with his wife or any explanation what is happening
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not as far as I know. He and his daughters head is in bits at the mo. He just wants to know where he stands regarding the house, that if he continues to pay the mortgage and bills how long will he be able to live there
Good morning and thank you for your question. I'm Jeremy, a solicitor specialising in divorce, separation and financial matters. I'm sorry to hear about your son's separation so I'd like to offer some guidance. Firstly, do you have any idea if his wife is living with friends or relatives? Does she have a job? Also, how much is the house worth? Thanks, J
Customer: replied 8 days ago.
The last we heard she was staying at a friend's until finding somewhere to rent. She works full time. They paid approx £250, 000 for the house 10mths ago
Customer: replied 8 days ago.
As I am asking as a concerned mother for her son/grandaughter I don't have all the answers, Being an oap myself, do not wish to pay for the information by phone calls. I was informed by a friend that citizen advise would possibley be able to help with my enquiries and /or give advise for free.
Thank you though

Hello again and thank you for your patience. As it's a bank holiday weekend, I've not been around quite as much as I normally am. I rarely request a telephone call with customers. I suspect Just Answer promote the telephone call as if I'm insisting on it but I prefer to message as it gives me a chance to review what the customer has written and my written guidance in return!

Your son will remain in the property for now. Quite simply, the only way your daughter-in-law would get your son out would be starting financial remedy proceedings and a court ultimately ordering that the house be sold.

Although the court's first consideration are any dependent children, your granddaughter is 19 and at university. She will need somewhere to stay when she returns for the summer holidays so I think your son could certainly apply some moral pressure to his wife. At the very least, I would hope they could reach an agreement to remain in the house until she finished university. Otherwise, your daughter-in-law has no ability to 'evict' your son.

JeremyT1020 and 3 other Family Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you.
yes my son would like to stay in the home at least until Jazmin finishes at Uni.
He would prefer to buy her out at that point, as they have only just moved there, and likes the area but feels he doesn't earn enough on paper to pay her, her share even though he will have been paying the mortgage and bills on his own. Is there anything that the courts would do to help with this

The courts will consider this matter fairly dispassionately. Although dependent children are their first consideration, they will look at the length of the marriage, ages of the parties, income disparities (if any) and housing needs. The marriage is considered a long marriage - therefore, the starting point for a financial division will be a 50:50 split of the assets which is known as 'the yardstick of equality.' Your son could try and raise a series of lump sums to buy your daughter-in-law out. I've seen people paid off over 5 years. Alternatively, your daughter in law may agree to what is known as a Mesher Order. She maintains a 50% interest in the house which is not realised until Jazmin finishes university. At that point, your son may be in a better position to buy his wife out. If not, the property would be sold.

Customer: replied 8 days ago.
Thank you so much for your help. I will pass the information on to my son. It is at least peace of mind and some knowledge that his wife can't just force him to leave immediately, if and when she decides to contact him after just walking out on him and daughter.
Oh one more question is he allowed by law to have the household bills put into his name only.? (Obviously not the mortgage)
.
He'd need to contact the utility companies individually. I imagine most wouldn't have a problem. Kind regards, J
Customer: replied 8 days ago.
Cheers ***** ***** you once again Su Richardson
My pleasure Su. I wish your son good luck. Please let me know if you need any further help. J
Customer: replied 8 days ago.
Thanks I will. Its all a little bit up in the air at present as she will not reply to any of his txt asking for any info he needs regarding the household bills as she contributed to them and set up passwords, whilst he paid the mortgage and other things. Unfortunately, Jazmin doesn't want to see or speak to her mother at this moment in time because she just walk out without saying. Dad and Jaz came home one evening to find her gone. After searching the streets and getting the police involved they finally received a txt saying she was at a friend's and not coming back. All very strange after the day before celebrateing my sons birthday, laughing and seemingly enjoying herself! Hopefully it will eventually sort its self out Best wishes Su.
PS: sorry I forgot it was a bank holiday