property dispute

[pinkplane]

my friend and her then husband started to buy a house in joint names they had the property two years before she filed for divorce .he was violent abusive and the mortgage was 800.00 in arrears.now 17 years later he is applying for half of his share he has paid no maintenance for their three children over this time nor a penny towards the mortgage how does she stand towards this .his name is still on the mortgage.

[lady_p_gold]

Well did she get a divorce and if so, was the property not sorted out then ??? Regardless of whether he has paid maintenance or mortgage contributions it is still a jointly owned property and she would either have to buy him out or sell the property and give him his share, however if the children are under 18 this might affect things. If she defaulted on the mortgage they would come to him for the payments as he is still liable for them. Whether if she disputed it she would get more than 50% I am not sure, but I expect someone more qualified than I will reply at some point. She needs to get urgent legal advice.

[Madgirl2]

I read about someone in a similar situation. It went to court and when it was proved that the husband had contributed nothing since the date of separation, the judge awarded him nothing other than half the profit made at the date of separation. He sounds like a real chancer. Get your friend to seek urgent legal advice!

[sue11]

I think that I have also heard that if your friend can prove that he has paid nothing into the mortgage, he will not be able to claim 50%. I also would suggest she needs legal advice.