Sister is sticking her head in the sand

[ednclouda]

AIBU I have come to a cross roads with my older DS she is 65 divorced for 30 years she is due to be made homeless as her ex wants the proceeds from the house he's been paying mortg for 30 years she has a few savings a tiny pension and a few caring jobs no collateral no way on earth to raise a mortg local authority waiting list is 5 years long

myself and dh have tried to advise her in what to do (were not experts) as her kids have almost washed their hands of her she is nearly at the panicking stage but not quite yet

there is no money for solicitors C.A.B
waiting list is 6 months long as well I can't see her out on the streets but what is her next move

I am worried sick

Is the house in joint names?

What will she get from the sale of the house?

If she is made homeless what are her chances then with local authority?

no the house isnt in joint names

Was any financial order made when she divorced? If ex had been paying the mortgage, is it his sole name or joint names?
Also wondering if she knew all along that ex would eventually want to realise his capital, or if this is unexpected?
If you can give more detail, it would help.

the ex has said in a letter he will give her half

If she is homeless through no fault of her own the wait may be less. Tell her to ask to see someone at the council for advice now, not whenit happens. They should be be able to advice her.

Is half the money enough to buy a much smaller property, perhaps a one bed flat in a cheaper area?

in the letter he was SURPRISED that she was still living there I KNOW I do suspect she hasn't been entirely up front with all the info even now she can't say his name and thats over 30 years ago

not sure there was any financial arrangement She is talking about going after his pension but with no funds for solicitors I think its a no go

no half the money will not nearly cover it I have researched GUMTREE and in our area (midlands) its 450 pm for one ROOM

If she's going to get half presumably that'll buy her a one bedroom flat in a cheaper area locally? If he's been paying the mortgage 30 years it must be nearly paid off.

Sorry, cross post

Notevil, I have tried to start proceeding the the council they give properties out via a points system she would have to be one legged blind deaf and dumb …… you get my point sorry for the offence but I am so worried for her

How much is she likely to get? Roughly.

So are you saying he's continued paying the mortgage on a house she has been living in for 30 years after they divorced??

He sounds like a gentleman. Surely she is not surprised he finally wants to sell?

She needs to speak to someone at Shelter and possibly, make a homeless application at the local council when the time comes

What is the house worth? 1/2 the value should be enough to buy something small surely. At worst she could move to somewhere smaller and in a cheaper area. I'm sure there are towns cheaper than where you live.

no she is not surprised but she has known this is going to happen for years and has been sticking her head in the sand Yes he has been a gentleman I have nagged and nagged her about the situation but she took no notice

possibly 80K shes had valutions done very recently

Half the money might get her one of those homes on a retirement community, the ones that look like a cross between a bungalow and a mobile home

There are houses in my area N lincs for less that 80k, she could buy outright.

He has paid a mortgage on a house for 30 years and he’s surprised she is still living in it, how did he not know? He’s going to give her half the money, is it not paid off by now? Why can’t she private rent? And I’ve never heard of a waiting list for CAB but what about Shelter? They do housing and benefits advice.

So, she had lived rent free for 30 years whilst he has paid the mortgage, and presumably paid for his own accommodation. He is now selling up and giving her half of the house value, and she still wants more and go for half of his pension? Jesus. Is there no end to some people's greed!

What financial arrangements were made as part of the divorce? Did they just divorce or was a financial order also made? Does she have a copy if a financial order was made?

She needs to get her head out of the sand. She is probably terrified but that isn’t going to help. She may have legal recourse but she will need to get her ducks in a row very quickly. Try wikivorce.com for further help online (I think there is also a helpline) and I second Shelter because it will be a homelessness issue which they are experts in.

The charity Shelter has a telephone helpline. It's on their website.

She won't get any help regarding homelessness from the council if she has substantial capital (above 32k for some councils, £16k for others). They'll expect her to help herself from her own funds.

Sounds like she'll need to find herself a private rental sector property. She will find it easier to secure a decent place if she can offer, say, six months rent up front. She can then claim Housing Benefit (or Universal Credit) for help with the cost of rent once her capital drops below £16k.

She is state pension age, so if she didn't share the proceeds of the sale and therefore had none or only a little capital, she would have priority need for the housing register (council house waiting list) and for housing options (help with homelessness).

Pensioners are also treated much more generously by the Housing Benefit and Council Tax Benefit rules than working age people.