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Pay 20,000 or go to court?

(19 Posts)
goodmum123 Wed 26-Mar-14 17:29:06

Could do with your urgent advice on this please. Seriously in a legal pickle and can't wait for it to be over.

We have had a two and a half year legal battle with step mil since fil sadly died.

I could go into detail but the matter is that husband has been left the house but when she moves out or fails to meet certain conditions. She has failed on all. She moved out nearly two years ago but is trying to get a final settlement. ( she already owns two homes where she lives now).

The first request was 200,000. We have waited a year and issued court proceedings in the meantime. We now have a revised settlement of 21,000( approx 10%) plus some furniture. She has stolen many effects already (evidenced on CCTV) she has let the house go to waste so will need some work (evidenced by before and after photos).

Court could be 37000 and a house if we lose. We have a good chance of winning but not certain.

Wwyd? We are responding on Friday before we head nearer to court proceedings and yet more expense.

1. Pay it
2. Go to court (I believe she knows she is rumbled)
3. Try for a lesser settlement / no settlement but risk her saying court or upping her settlement
4. Your ideas

Thank you all in advance x

mineofuselessinformation Wed 26-Mar-14 17:30:47

Will you be able to ask the court to award you costs? If so I'd go for the court.

VivaLeBeaver Wed 26-Mar-14 17:31:50

How much is the house worth?

I take it you've had legal advice? Surely if its in black and white in a will then winning the case is certain?

kilmuir Wed 26-Mar-14 17:32:19

Why does she think she is entitled to a final settlement

babybarrister Wed 26-Mar-14 17:32:30

Message withdrawn at poster's request.

goodmum123 Wed 26-Mar-14 17:43:38

We court attempt to get costs. It is in black and white but she has got a barrister and has disputed our claims. One if them is about her cohabiting for three months which is tricky to prove, as we've discovered.

The house is worth loads 600,000!

We have a barrister. The evidence exchange is by end of April.

She is just trying to get what she can (she has previous form).

Our solicitors have suggested we take it as they say an expensive court case has risks. Our barrister agrees to.

Thanks for immediate replies, means a lot x

VivaLeBeaver Wed 26-Mar-14 17:48:05

But if she's moved out and that's one of the conditions then that's easily prove able isnt it?

How much will solicitors fees be?

To be honest if the house is worth that much I'd be tempted to try and settle for 10k and give her that to go away.

goodmum123 Wed 26-Mar-14 17:56:00

That's what I'm thinking beaver.

Yes that us easy to prove but she has lied in her statement of truth saying hub (big softy, kind etc) harassed her so much that she moved out. It was in fact other way round due to fb assaults, friend coming up and attempting to physically assault hub (his word against hub).

The whole thing is nasty, terrible in fact and has destroyed a family. We want it over so we can start living and grieving instead of fighting x

VivaLeBeaver Wed 26-Mar-14 18:15:04

I do get that it totally sticks in your throat to let her get away with it but sometimes you have to put your health and family first. Even if you gave her 20k than you get 580k less any repairs, inheritance tax, etc. but still a lot.

Dh's aunt ripped him and his sister off for 20k. And that was a smaller estate in total. So we were left with 70k approx worth of fields, no cash. I suppose we could have taken her to court but it would have been very hard to prove that she pocketed the money. We just walked away from the situation.

goodmum123 Wed 26-Mar-14 18:34:35

I agree. Think we ll try and settle for less then start living again.

Any more ideas?

goodmum123 Fri 28-Mar-14 21:36:05

Been to the solicitors today and they said to pay the money and get the house back. We need to decide by Monday. Wwyd for the last time ?

malalam Fri 28-Mar-14 21:42:55

Can you think of it as paying money to get rid of her / stop the stress and uncertainty, rather than giving her undeserved money?

It must be galling. I'd be tempted to offer a lower amount, but it seems silly to ignore the legal advice you have.

Viviennemary Fri 28-Mar-14 21:47:22

I can see why you are loathe to give her the £20,000 but even if there is a slim chance of the case going against you in some way it would be worth it to get rid of her finally. If the payment would absolutely ensure an end of the matter I would just pay it with a grudge.

Moreisnnogedag Fri 28-Mar-14 21:48:07

Pay. Just get it over with. I know it sticks in the throat but honestly this could drag out forever and end up costing a damn sight more.

OddFodd Fri 28-Mar-14 21:54:55

Pay it. It's money that you never actually had - it's fictional money because it's all about the value of a house which is never real, it's all dictated by the market.

But, that aside, you'll be free of her and this stress. Your mental health and wellbeing is worth much, much more than £20k.

Suttonmum1 Fri 28-Mar-14 22:01:07

Pay, and quickly so she doesn't find some other means of dragging this out.

goodmum123 Sat 29-Mar-14 07:34:50

Thank you all, yes we've agreed to pay. The sad thing is it was maternity money we'd saved for our new baby in sept so I could be off a whole year this time. :-( however , I suppose there will be less legal bills etc so might survive on a shoestring for a while.

Thanks for your advice everyone , lay wake last night thinking about it, ca
Me to our decision and you have said the same x

malalam Sat 29-Mar-14 08:16:02

Can the money not be released from the estate to cover your maternity leave?

goodmum123 Sat 29-Mar-14 15:06:14

No the estate is nearly sorted. No money left just this house that us owned by hub now but had a life tenant (smil) who chooses not to live there but holds us to ransom.

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