ChatterBank1 min ago
Property rights
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.
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.
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1. Much will depend on whether house in her sole name or joint.
2. If joint, do they hold equitable interest as "beneficial joint tenants" or "beneficial tenants in common"? Latter means separate shares in property's value.
3. Irrespective of above, Court can make property adjustment order between them- so deeds aren't conclusive.
4. URGENT: the father should take immediate legal advice, to avoid house being sold by wife alone (if it's in her sole name) or to avoid it passing to her (if he dies whilst they hold as benefcial joint tenants).
2. If joint, do they hold equitable interest as "beneficial joint tenants" or "beneficial tenants in common"? Latter means separate shares in property's value.
3. Irrespective of above, Court can make property adjustment order between them- so deeds aren't conclusive.
4. URGENT: the father should take immediate legal advice, to avoid house being sold by wife alone (if it's in her sole name) or to avoid it passing to her (if he dies whilst they hold as benefcial joint tenants).
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