ex wife trying to put chargs on my mums house/business

[ANWAR1971]

I am going through a divorce and I do not owe a property I have worked for my mum business since my father died over 10 years ago, when he died he left us in a lot of debt we had to sell the house and car go into rented accom. everything was in my mum and dads name when he died it went to mum shop lease to business.

over the last ten years mum brought another house and brought the shop all under mortages and i worked for mum for a salary.

my ex filed for divorce and when i went to court the papers i was served said they were going to put charges on mums house and business i was shocked its nothing to do with my affairs. it something about it was held in trust for me? i dont know where this comes from there was no will ... nothing do be left in trust mum was up to her eyes in debt.!! everything mum has is mortgaged ....

i lawyer solictor said you dont have to go to court its up the ex and her lawyer to prove all this ...

but my family say i must go to the court hearing date just to say its not mine i am only an employee. all the accounts everyting is in mums name .

please could someone advise.
thank you am really worried .

[Lindylou]

I shouldn't have thought that your ex had any hope at all of putting a charge on your mum's residence. If you are employed by her business, and not otherwise involved in a directorship or anything like that then your ex would not be entitled to anything that belongs to your mum. (Although your ex might be entitled to a part of your wages, especially if there are children involved). I think you should get yourself some legal advice. Looks as though you're going to need it!

[themas]

This rather looks as if your ex or her solicitor don't know what actually happened. Your father owned the business (but only a lease on the shop). He did not make a will & under intestacy laws your mother would inherit a limited amount (I think �125K) & anything else she would probably hold on trust for life for you & your siblings (if any).

So it could be they are assuming that assets (including the house) were left to your mother under the intestacy & are therefore in trust for you.

However, from what you say there were a lot of debts left by your father so I assume the net estate value would have been low or nil. In which case there is no trust. Also, they obviously have the wrong house!

I don't know whether the solicitor you spoke to is acting for you, but I don't like the implication that you don't need to do anything. If nothing is done the Court will accept what they have been told - however erroneous it may be. You certainly need a solicitor to write back giving the true facts & - hopefully - get the Court application withdrawn.