property rights

[Billie-Jo]

My childs father sold his house and moved in with his girlfriend in a council property. They eventually bought the house about 4 years ago and he ploughed all the money from the house he sold and his redundancy into the ex council property and made hugh improvements to it.. They got married about 18 months ago but are now going through a divorce (he moved out) she has two children of her own of 14 & 13 they don't have any together. She is saying she doesn't have to sell the house and will settle even though he agreed to let her have the house if she paid him his redundancy back. She has since said she hasn't got the money - he is left with nothing.

Is she right - will she be able to keep the house and leave him with nothing even though the house could be sold for a hugh profit and she could therefore put a deposit down on something else.

[lady_p_gold]

Unfortunately for your child's father I suspect that she will be able to remain in the property until the children finish full time education. I am assuming that the property is in joint names and so 'letting her have the house' is not really the way it goes as it is just as much her house as his. He might be able to argue that he amassed the money before he married her but until such time as the property is sold he probably won't be able to get his hands on it. Even if she could put a deposit on something else she would probably not be able to afford a mortgage. Looks like you got nothing from the original sale ...... and it seems unfair that you are left down in the line for support - he needs to get some legal advice though.

[Billie-Jo]

Thanks - its my son thats losing/lost out really. I left with nothing but my sanity and now own my own house which no-one only my son will benefit from lol.

[lady_p_gold]

Well it is better to have a happy home than to spend your life in bitterness and recrimination, and it looks like you have put the past behind you, so I think from the sound of it the father sounds pretty unreliable anyway, so good luck.

[Mrs_Pegasus]

In theory he has no legal obligation to the children so I am struggling to see why he has to be responsible for keeping a roof over their heads.

However, he did take advantage of the discount that this woman had accumulated and she could argue that the money he ploughed in was equivalent to the discount she had earned.

Obviously, a solicitor would be able to advise better.