divorce!!!

[fairkatrina]

My friend's mum is going through her (second) divorce at the moment. She won the ownership of the family home in her first divorce, but it was mortgaged to the hilt to pay her legal fees (and her ex-husband's half of the value). She remarried nearly three years ago and her new husband moved from a council bedsit into her home. His name has never been on the deeds of the house, and he has never contributed to the mortgage repayments. Since filing for divorce (he's claiming her unreasonable behaviour for not throwing her son out, but actually he's an abusive alcoholic and she is more than capable of proving it) he has registered an interest in the property with the Land Registry and has filed a petition to recieve a pay-off equivalent to half the house's value. He is also fighting to remain in residence at the property while the divorce is pending, despite the fact that on one occasion she had to call the police to remove him because he sent her death threats on her birthday. Can someone who knows something about this restore my faith in humanity by telling me he hasn't got a leg to stand on??

[balearic]

Wish I could tell you he hasn`t got a leg to stand on but I cant. Going through the same thing at the moment. The problem is that the cost of getting a fair hearing is so expensive, the defendant is always advised to make an offer ` a nuisance payment` to make them go away, especially if the claimant is on legal aid as they have nothing to lose. I dont understand how you have you have to pay to defend your own home and what is rightfully yours. The problem is if it goes to a hearing in front of the judge, we`ve been told that its whoever gives the best performance on the day. Good luck to your friends mum anyway.

[WendyS]

Unfortunately if they are married, he will probably ultimately end up with a share of the property, even if he has never contributed towards the cost of it.

Your friend's mother might be able to have an injunction served on him to be removed from the house if he is physically violent towards her, but she needs a good solicitors who specialises in family matters.

Sounds as if she's not very good at choosing her husbands and needs to steer clear of them in future.

[lady_p_gold]

There are some new powers regarding abusive spouses, I went on a course all about it but I can't remember it all exactly. If I were her I would get on to the Domestic Violence Officer in the police, and ask advice. He is entitled to a share probably, but the violence aspect would be the best road to go down.