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JSM LAW, Advocate
Category: Law
Satisfied Customers: 7
Experience:  Expert
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I need some help. my partner owns our house with his ex

Customer Question

I need some help. my partner owns our house with his ex wife. They split up in 2011as she cheated and left. The divorce was granted in 2015. The bought the house in 2010. His Ex wife never worked. But she when we applied to court to have her removed from the documents so we could do some work on the house. She is now saying she needs money and wants it sold. she told us she wants it sold because we are living here and she hates him being happy.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: my question is. What can we do. We have already spent a fair amount of money on the house. We both have lost our jobs abs have become self employed. She lives in Italy anyway.
JA: Have you talked to a lawyer about this yet?
Customer: Yes. But it seems the judge sided with her. Asked for a red book valuation. And wants us to give 3 properties we think would be sutable for us
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we spoke to a lawyer who took this to court for us and he told us going to court was best as we could offer her a small amount she get her off. Now his changed his tone
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
We have just started IVF and had to pay for it. I’m scared she will make us leave and the stress will cost me my baby. I don’t want to have to put that on hold though as the chances will drop as I get older. No sure if that makes any difference
Expert:  JSM LAW replied 9 days ago.

Good morning. Thank you for contacting us here at just answer. I am a lawyer and will respond to your enquiry. I am sorry to hear of what you are going through especially so long after his divorce was completed. If they were yet to agree on the financial settlement unfortunately she will be able to make a claim fit a share in the property and if she has no financial benefit with you and your husband living in the property she could apply for an order for sale to force him to sell the property. That she didn’t work when they were married and he perhaps paid all the mortgage is really not a relevant consideration if the property was bought during their marriage and she had home rights by virtue of it being their family home. The way to settle this is to offer to buy her out and to offer a reasonable sum. If she is only wanting you to move out because she is not happy about your marriage then your husband can present that to the charge to convince the court not to order the sale. Frankly there is no legal basis for refusing to pay her something in order to relinquish her home rights. Good luck and feel free to seek clarification if you need to.