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Good afternoon. I will try to assist with your question but need more info - also I apologise if delayed in replying
how long were they together and married in total?
why did she take a higher percentage of the house sale?
Just let me get the facts right here.
They are about to get divorced and they agreed on the split of the matrimonial home which was in her favour.
She’s bought a house mortgage free and he has a house which may or may not have a mortgage on.
She wants to keep her house and have a chunk of his house.
Is that the situation?
Was there any financial order sealed by the court at the time of the breakup?
How old are the children?
What do they both earn?
What other asset savings and pensions are there?
What was the value of the matrimonial home and what was the mortgage outstanding?
You say that she is trying to jeopardise the sale. The sale of what?
The children are out of the equation in respect of child maintenance although there are going to university, they may make a claim against their father under the Children’s Act.
At the ages the children are, there is no requirement for a house and if there was a sale of the former matrimonial home and she did get a bigger share than 50%, then unless there was a compelling reason why she should have got a bigger share (perhaps he kept a bigger pension and some savings) then if she were to go back to try to claim some of his new house, then I would turn it back on her and say that I would be wanting the balance of the former matrimonial home to bring the split to 50%.
Based upon what you told me, it defies all logic that she is now making a claim on the property that he purchase if she thinks that he does not have a claim on hers. Each cancels the other out.
I’m not certain if I’m missing something here or whether the facts are simply as stated and his wife is somewhat delusional as to what she think she’s entitled to.
Well, there you have it. You have your answer.
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