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Category: Family Law
Satisfied Customers: 2069
Experience:  Expert
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Good moring my parents divored 37 years ago my father is now

Customer Question

Good moring my parents divored 37 years ago my father is now claiming he was due 10 per cnt of the house which i still live and brought of my mum 4 years ago i have checked my mums divorce papers and there no 10 per cent and all check any charges against the property there is no 10 per cent chrge aginst the property eithe can he still make a claim?
JA: Was the house purchased during the marriage?
Customer: it was the first home they brought in 1975 my mum took over the house in 1986 when they got divorce and i brought the house from my mum in 2018 my father belives he own 10 per cent there are no charges against the houst in relation to this and no there no mention of this in my mum divorce papers?
JA: Were any marital funds used for the mortgage or property improvements?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that i can think off
Submitted: 14 days ago.
Category: Family Law
Expert:  MARTINT330 replied 14 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 14 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 14 days ago.
no please continue?
Customer: replied 14 days ago.
we will continue this way i am sure what i have is correct i am just double checking
and please take into account my father remarried in 1995
Expert:  MARTINT330 replied 14 days ago.

To give you an answer, the starting point for dividing the assets in divorce is 50/50. However, the financial settlement will usually be different in every case as it depends on the parties’ circumstances and their needs. Some factors that will be considered in the division of your assets are:

(a) the income of each party;

(b) the financial needs of each party;

(c) the conduct of the party prior to the marriage (i.e. is one guilty of adultery)

(d) age

(e) contributions made to the property.

In your case, if it was jointly acquired, both of you may need to agree on how to divide it. Usually, parties agree on buying out one's interest or have the property sold and its proceeds are divided.

Expert:  MARTINT330 replied 14 days ago.

Is there anything else I can help with today?

Customer: replied 14 days ago.
ok i understand but my parents divorced in 1986 there is no 10 per cent against the house
so far as i concered he cant make a claim now my mum dosnt own the property anymore i do my father
has not been on the deed off the house since 1986?
Expert:  MARTINT330 replied 12 days ago.

If that is the circumstances. I can see no justifiable case.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.