please help

[diane118]

A friend of mine son has spit up with wife and she and there son are living with her mum, he is living in there home and he has put it up for sale as when they sell it after playing the mortgage back and spitting it 50 50 they should have enough left for them both to buy a small house each please could you say if he bought a house with his 50% share and never divorced her would she have any claims on the new house he will be buying with his half share.

[dotty.]

possibly she would if they didnt divorce before he died and he hadn't done a will. but probably not otherwise, I think.

[dotty.]

the son would have a claim though after his father died unless the son was adopted by a futire husband of the mother

[LoftyLottie]

And likewise he would have claims on her new house.

Best to see a solicitor as there are other implications such as length of time they have been married, age of child. She may well be entitled to more than 50%.

Solicitor is essential.

[Postdog]

But the puzzling issue is why isn't she and the son living at the house instead of him?

[LoftyLottie]

Postdog, perhaps both parties are happy with that arrangement. She might well want to live with her mother. With respect, not really anything to do with us or the question.

[LoftyLottie]

http://www.theanswerb.../Question1044438.html

[diane118]

hi thank for your reply's also i forgot to mention that she came into some money around 5 yrs ago and paid £40.000 for an extension to the house what happen there could she claim that back plus her half of the house as well

[dotty.]

no, the price the house goes for would include the valuation with the extension but legally she is only allowed the 50% share I reckon

[LoftyLottie]

Your friend really does need some proper legal advice. There is a child involved and this can really change things. She might well not be getting a fair deal with a 50/50 split. A lot of things have to be taken into consideration. If she was getting a divorce she would more than likely get more. I don't know the situation if she stays married.