Divorce- is there a way to cut her out?

[cookiecrazylady]

Name changed for this as very outing but long time user.

Ok so I’m looking for controversial advice.
How best to cut a spouse out of profiting on the sale of a property.

My 23yo brother is disabled and got a big payout at 18 which he used to buy a house. It’s worth £250k he met a girl and they decided to get married. All seemed perfect until she convinced him to let her take out a £50k mortgage on the property but she was working so in her name (he was a student). She swiftly spent it, I’m talking £8k earrings, £3k handbags, £4K holiday (with her friends not him)…etc the whole family were raising eyebrows at this point but nothing we could do. 3 months after the wedding she left him. He was devestated, he really loved her. Now she’s demanding £50k cash over and above the mortgage being paid off.

Brother knows he’s been stupid but he has some mild learning disabilities and I do believe she just pulled the wool over his eyes so hard. Is there any way to avoid her getting anything other than the debts/mortgage cleared?

He’s taken legal advice but they only focus on how to proceed with her requests, I suppose I’m looking for a loophole or way out for him although I suspect it doesn’t exist.

Thanks

You'd really be best posting this in legal. You'll get lots of well meaning but wildly inaccurate advice here.

yes, get legal advice, but I don't think it hopeless, no, particularly as the marriage was so short. Not an expert though

Another one who thinks you should repost in Legal. But just to clarify, does he have an actual diagnosed learning disability, or just 'learning difficulties' (eg dyslexia)? Because if it's the former and it looks like she was out to fleece him all along honestly I'd be pushing for an annulment.

Yes. Length of time of the marriage is taken into account. You might find this helpful
https://www.familylawpartners.co.uk/blog/length-marriage-divorce

I’d want to report the bitch to the police for financial abuse of a disabled person, but I have no idea if they’d do anything about it. I’d hope they would because she sounds like a nasty piece of work.

@MargotEmin

It’s documented as learning difficulty but it impacts his ability to process situations and information. Most of his documentation is from school/college age and I suspect he’d be viewed as more severe if reassessed now as an adult. I suspect it would border into mild learning disabilities now.

How awful. Such a short marriage will be a factor but he definitely needs a good lawyer. It may be worth also getting that assessment done too.

To be fair you might still get well meaning but wildly inaccurate advice if you post on legal. 🫤 I'd suggest paying for proper legal advice.

How did she get a mortgage on a property she doesn't own?

For an annulment he needs to lack mental capacity. I doubt that a mild learning disability would make a difference.

Might be worth going down the financial abuse route, if nothing else it could scare her off.

But I suggest for a marriage of that length she hasnt a hope

Dyslexia if diagnosed is “an actual diagnosed learning disability”

This - I'm guessing she was added to the deeds so owns half now anyway?

He certainly sounds vulnerable. Who was the lawyer that dealt with the payout? Could you go back to them for some advice? I know they are likely to be medical negligence solicitors or similar (rather than family law) but I expect they'll have some knowledge of how compensation plays out in marital disputes.

Then I'd also contact Social Services and report financial abuse.

No it is isn't, dyslexia is diagnosed as a Specific Learning Difficulty, a learning disability is different in that it usually impacts a person's overall intelligence (not just one area of functioning).

I don't understand how she got a mortgage without owning the house?
stick with legal advice. Seems very unlikely that she's going to get much - v short marriage, no dependents etc. If the loan was in his name, that might be trickier.

Don't repost in legal. Most people who reply there aren't lawyers and you can't be sure those who claim to be lawyers actually are.

Over £50k is at stake. Spend a few hundred getting proper legal advice.

Get a good divorce solicitor ASAP.

I believe (from ropey memory) if the mortgage is her name only and she isn't on the deeds of the property then your brother isn't liable. BUT he needs to lawyer up asap