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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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With regard to my pervious enquiry and your reply. My

Customer Question

With regard to my pervious enquiry and your reply. My son-in-law still continues to press for my daughter to sell the house so he can get the equity (very little even going 50-50 its only about £60,000) He has stopped paying his half of the mortgage now, my husband is paying that for her.
1. If he gets a court order to make her sell, that would cost him ? and that would go before a judge and I right?
2. If they agree to not sell the house for say 10years (youngest child is 8) but he has stopped paying for the mortgage for that 10 years what equity would he be entitled to? The house price in 10 years or the valuation of today.? Bearing in mind neither his name is ***** ***** deeds or the mortgage. Thank your . Ginny Rosling
Submitted: 2 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 months ago.

Hello Ginny

Thank you for your patience in waiting for a response.

I can’t seem to access your previous question.

Can you confirm- were they married? How many bedrooms is it?

Kind regards

Caroline

Customer: replied 2 months ago.
they are married and the house had 3 bedrooms. Thanks
Expert:  ukfamilysolicitor replied 2 months ago.

Are they still married ? Is divorce contemplated? How long were they married for? Any other assets for both of them? How much do they both earn ?

Customer: replied 2 months ago.
still married. Married 14yrs.. they will get divoced in 2yreas. Only the house. Worth 375.000. Equity only 120,,000 as did intetest only. My daughter's name is ***** ***** deeds and mortgage only. 2 children, 12&9 years. Mum wages is about £21,000 dad just started new job £50,000
Expert:  ukfamilysolicitor replied 2 months ago.

-Hello, thank you for your response and for confirming that for me.

What you need to know:

- he can make a claim in relation to the matrimonial finances. This includes the house. He can only do this if either of them issue for divorce proceedings and not before.

- the courts main priority is the housing needs of the children and securing that. If a house cannot be bought from the equity to house your daughter and grandchildren then a court will likely order that the house not be sold and equity realised until the youngest is 18.

- the split should be defined as to how much he will get at the time of the order, that being the amount specified so that the future equity is your daughters

- if divorce proceedings are issued then your daughter needs to consider a claim for spousal maintenance as her income is much less. There is no set rule but a court will want to ensure she has sufficient to meet hers and the children’s needs.

- if your daughter issued divorce proceedings now she could ask a court for interim maintenance as he is not currently doing this voluntarily.

- he would have to refer to mediation before he could apply to court for an order. Mediation would try and help them agree matters without the need for court.

- he would have to pay a court fee of £255

- starting point for division of assets is equality. This includes all assets for both of them , that being not just the house, and also pensions . Your daughter should argue a larger share circa 10-20% more because she earns less and will be the children’s main career.

Let me know if I can assist further

Kind regards

Caroline

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