Divorce Settlement House Ownership Query

[Ratty2E]

Bob and Sue were married for almost 30 years when Bob decided the grass was greener and they got a divorce. The family home was in joint ownership but Bob paid off the remainder of the mortgage and told Sue it was all hers. 20 years later Sue receives a letter to say Bob is making a will and the intentions he has for his half of the house. This comes a quite a shock to Sue who was under the impression she was now sole owner but cannot seem to find any paperwork to that effect. Presuming the information is correct as Bobs solicitor would have checked and the house is still in joint names can Sue claim against Bob for 20 years worth of maintaining the building, buildings insurance etc. All these costs have been incurred solely by Sue but would impact the value of Bobs share when it came to sell.

[bednobs]

maybe, but he would probably be able to sue her for rent - she has enjoyed sole occupation when he could have been living there. And probably for a return of the one he soley paid off the mortgage with. Unless it is set up that they each have a share of the house, if they own it jointly, she'll get it when he dies anyway, regardless of what's in a will

[Ratty2E]

Thanks bednobs, I understand what you say, although he left set up home with another woman and eventually remarried so he would not have wanted to continue living there. I don't know about 'shares' in the house it's just jointly owned as far as I know. His will says that his share would go to his new wife on his death but that she will not claim it as long as Sue is living there.

[buildersmate]

Ownership is demonstrated by what the Land Registry proprietorship shows. So Bob owns 50% of the asset. Maintenance of an asset plus insuring it, hasn't added to it's value, it has just kept it ticking over. Only capital improvements if any by Sue could count. Capital appreciation has come from general increase in property prices.
She's been living in it whilst owning 50% of it for x years.
Going to have to take legal advice to stand any chance of challenge, but sounds like it wouldn't succeed to me.

[Ratty2E]

Thanks builders mate, Sue will be getting legal advice but just wanted some advice in the meantime.