Divorce and property advise.

[philmycoke]

Hi friends,

I am emotional and angry while I write this. Bare with me.

My sister is married to an idiot and I wont say more.

They have 2 houses on joint ownership. Both mortgages have both names.

One house is rented out and one they live in.

One child is 20 and other is 16.

my sister works as TA and uses her money on herself and kids. Weekly shopping etc.

He works as a mini cab driver and pays for insurance, bills, mortgage etc.

verbally he has been abusive to all 3 for last 17 years.

He also lies about his income we are sure he is sending it back home to Pakistan to his family.

Either way if we start legal proceedings aka divorce.

Anyone know what potential outcome can be in sense of both houses.

Kids will stay with the mother for sure.

Even the kids are asking her to get rid of him. However we advised not to so both kids can get education and they are good.

Straight A students.

Within this week he started to break things, and he hit the 20 year old. Just once but hit him.

Last time we spoke to a lawyer he said your husband is a nutcase and hes going to make things hell for you.

You will suffer, become homeless, kids lost this and that.

The lawyer scared her so much she refuses to seek help.

I am not sure what kind of lawyer does this.

He did it.

My brother was there.

Please can someone explain how things would work out with the housing situation mostly.

As long as they do not become homeless is the most important.

 

Both houses have £200k + equity.

[king12345]

If they're named as joint tenants in the deeds, simply the properties will be split.

 

In your sister's case,

where there's a family home and another property,

usually one partner (your sister) stays in the family home with the kids,

the other property goes to the other party.

 

This is done in the scenario of an amicable divorce,

where both parties with help from solicitors and/or mediation reach a mutual agreement which usually includes some money to be paid for maintenance and children's education.

 

The unfortunate thing is that in pakistani culture a woman kicking out the husband from "his" home is a great deal of shame for the man, so he will surely make things difficult.

 

My advice is to get involved and sit him down for a good, calm and civil talk where the possibility of divorce is discussed.

 

This might shock him to the point of starting behaving or maybe just make him mad.

 

One way or another trying doesn't cost anything.

 

If he doesn't play ball, a specialist divorce solicitor is your best bet.

 

They would ask all relevant, detailed and even intimate questions to give best advice.

[steampowered]

May I ask how your friend came across this "lawyer"?

 

The person she saw doesn't sound like a genuine professional. I would suggest going to see a solicitor who specialises in family law matters. You can find people through the law society websites.

 

I think she should steer clear of anyone who is recommended by a family member, and steer clear of "lawyers" from the same culture and social circles. You want to see someone who knows what they are talking about and who is genuinely independent, not someone who can be placed under social pressure.

 

I imagine a court may go for a 50/50 split of assets in a case like this, possibly with the husband to pay maintenance until the kids have left university. For example perhaps the rented house might be sold and the wife allowed to keep the house she is living in under sole ownership.

[philmycoke]

Hi friends.

My sister is married to the devil. Silly excuse of a man. She needs a divorce.

However all free advise over the years from local women centers etc were at best rubbish.

One child is 20 and one is 18.

husband and the wife jointly own two properties.

One is privately rented out.

Second one they live in.

husbands income pays most of the bills and has a cash in hand job as a minicab driver.

My sister works and with her wages pays for all children needs and kitchen costs.

Question is what happens to both properties as she is scared she may lose residence, become homeless with her kids and also he will make sure this happens

To us its simple. Sell both and divide the money or one takes rented property and one takes the primary residence.

Issue is all the bills are on direct debit under his name and some freebie idiot solicitor says you pay for nothing so you get nothing.

So after putting up with physiological abuse, physical abuse, children abuse the end result is to end it and end up with nothing.

This can not be true?

Any help suggestions?

 

Ali

[BazzaS]

She can register an interest in the main residence, preventing it from being sold from under her while they are married.

This ceases when they are divorced, so what happens to the houses needs to be resolved in her divorce settlement.

 

The starting point of a divorce settlement is 50% each, and then any agreement and "common interests" of the parties are taken into account.

 

I'd get a different family law solicitor ....

the alleged psychological abuse and physical abuse may not affect the settlement (nor the alleged child abuse : both are now adults), but I'd get a different solicitor to check and explain why she'd get nothing ....

[philmycoke]

The idiot and i mean it

said many things that scared my sister.

such as he may attack you,

make it hard for you,

increase the abuse while the divorce is going on.

he was some kind of legal person in a "womens" help cente

 

50% makes sense as both parties names are on morgatages. Both own both properties.

 

50% makes sensse. i told my sister this.

 

i will inform her again, this time go with her too.

 

Ali

[BazzaS]

Well, that part rings true.

If the husband is abusive, things may well get worse once she starts to take back control by starting divorce proceedings, and it is only reasonable to warn her of this.

Did he also suggest measures that should be considered to limit this? (injunctions / domestic violence prevention ....)

Are either / both the the kids still in full time education?

How many sisters whose husbands are abusive (and minicab drivers) do you have?.

The reason I'm asking was that you asked much the same in February, except then the kids were 20 and 16 ......

Even if the younger had had a birthday (and the older not) since February, that still doesn't make them 20 and 18....

http://www.consumeractiongroup.co.uk/forum/showthread.php?474403-Divorce-property&p=4994348#post4994348

[mariner51]

Husband has no resp for either child beyond age 18 unless in full time education IMO.

[philmycoke]

hi friends,

how long or do lawyers keep records or information on Affidavits they make, created, write for people?

If so for how long?

Also do both parties need to be present before signing?

Also if request lets say 8 to 10 years after for a copy can a lawyer refuse?

Cheap low end solicitors are giving me the run around and now silence treatment.

Ali

[steampowered]

What information / document are you actually asking for?

 

What reason do you have for seeking a copy of such an old documents?

 

Most solicitors will keep a file for 6 years but the file may or may not have what you are looking for.

[disgruntled2007]

So, the 20 year old is still 20 but the 16 yr old from February is now 18?

 

There's a big legal difference between the two...

[BazzaS]

A point I made higher up the thread ........

Except there isn't a difference to "one under 18" if one or both young adults is/ are still in higher education (which I asked about, both, on 28th August....)

Hard to advise fully where the story has changed, and relevant questions are left unanswered...........

[philmycoke]

i find it some people are being stupid.

can i not miss type?

forget the kids.

all i wanted to know and i did not know i had posted here before was the following.

husband and wife own both properties and they live in one.

what kind of possible outcome is there based upon just that.

any how i got my answer from one reply.

Ali

[disgruntled2007]

Quite right. Is the 16/18 yr old in FTE?

[BazzaS]

Yes, it is stupid to point out that :

With "a kid under 18, or young adult still in full time education", the likely outcome is different to if "all the children are over 18 and none are in full time education".

We should ignore such, and merely proclaim the answer you want to hear : even better, you tell us what the answer you are looking for is, and we can just agree it, as a "rubber stamp" exercise. it'd make things a lot easier and quicker : the process could just be automated!

It depends what you desire : accurate advice or mere validation.

[steampowered]

husband and wife own both properties and they live in one.

 

what kind of possible outcome is there based unpon just that.

The answer is that there is a wide range of possible outcomes. However in the context of a long marriage the courts will usually go for a 50/50 split of assets unless there is a compelling reason to do something else. There may be maintenance involved for the children but I don't suppose that would be much given their ages.

[philmycoke]

BazzaS said:

 

kindly watch your attitude. people come here for advice, peace of mind.

one is over 18 and done first year A level.s

2nd has done 2nd year of uni and is off to work placement in january.

both there income is low so they get credits and some kinda loan for the kids education. student loan or what ever its called.

reason why i feel that is not important is he dose not pay any contribution to wards there education, tution, food, clothes. he feels he pays the bills and thats enough.

this wont be clean cut divorce as hes a mini cab driver and very evil.

i think i need to man up and help her, however i am unemployed, no money and no sense of direction myself. depression and anxiety has taken its toll.

as long as she dose not become homeless i think she will do it. or else live with him until kids sort him out.

[BazzaS]

philmycoke said:

]kindly watch your attitude. people come here for advice, peace of mind.

which they won't get if they get duff advice or no advice due to inadequate information.

I'm not the one calling respondents stupid, so I'm not sure it is me that needs to "watch my attitude".

With the new information I can confidently say :

You no longer warrant my input. Someone else can answer if they want.

What you feel is or isn't important is irrelevant.

What matters is what the courts feel is important, if the divorce is going to be contentious.

[philmycoke]

Hi guys,

my sister and her friend have a similar question so I thought I ask here because it seems little complicated.

The more mouths to talk to the worse it gets.

My sisters friend has bad marriage and she has waited until the kids are grown. One is 19 and other is 21 or 22.

now she wants out of a verbal / psychological abusive marriage.

Question is the following.

They live in one property and 2^nd is rented out.

So therefore 2 properties and as kids are now adults they dont come into the equation.

They have no savings and as for goods in the house I am sure no party will fight over that.

How will it work with the properties?

Both sold and money divided? Can one choose the house they wish to have?

At the moment register search has not been done from my understanding both parties names should be on there.

My sister is in the same situation with 2 houses and kids all grown up. Both ladies want out.

Also is there free divorce help or helpline or somewhere I can guide them too?

Many thanks.

[honeybee13]

Hi.

 

If there's money and property involved, I don't think the internet is the place to look for advice apart from the general stuff.  CAB and the government's website have limited advice, but it would be better if these ladies find a local divorce lawyer and have a [normally free] initial meeting to see what can be done.

 

You can find solicitors and their areas of expertise on the Law Society website.

 

http://solicitors.lawsociety.org.uk/

 

HB

[Will Goodfellow]

It's impossible to state who is entitled to what equity with such limited information. Lots of various factors will be considered when apportioning equity in a divorce. Any decision made needs to be agreed between parties or decided by a judge but either way a solicitor is required.

 

[BazzaS]

OP's family situation gets more complex with every posting of new twists and turns.

This time it is both his sister AND her friend.

I can only suggest the OP gets each of his relatives / friends with their complex queries to post here themselves : he's not doing them any favours by asking his questions with some combination of being::

a) devoid of relevant info,

b) with info that later turns out to be not the actual situation, or

c) with ever evolving stories.......

Additionally, the circumstances for each are unlikely to be identical, so the answer for each may be different .....

 

Trying to give accurate info without correct details to base it on isn't likely to be a good use of respondents' time....

Edited May 26, 2019 by BazzaS

[BazzaS]

It is less relevant if the flat was bought during the marriage or before. If it gets to the stage of a court deciding (& I concur an agreed settlement is vastly preferable!), then the “shared intent of the parties” is given more weight than “who bought what, when”