Rights to sell the jointly owned family home following divorce?

[Alphanine]

My parents divorced 4 years ago and have been separated 8 years.
My mum left the marital home and now is living with her new partner. Her solicitor 'forgot' to include the selling of the marital home within the divorce agreement and so, despite divorcing, my Dad still resides in the marital home.
My mum hasn't paid towards the mortgage in 6 years but still owns half. The house desperately needs work doing to it but Dad refuses to pay as he is concerned that Mum will benefit upon sale! Mum is now saying that my Dad owes her rental and that she has missed out financially as they could have made money by renting it out.
They're at a complete stalemate. Dad is saying he won't sell until my Mum agrees that he can have the first 10,000 of the sale. Mum says no and that he owes her.
I have not got involved in their dispute at all and have told them I don't want to know when they've tried talking to me about it, but my mum has been ill and this is now really dragging her down.
She sees no option but to go to court to get my Dad to move out of the house so they can sell it, but she doesn't have the energy for it.
I'm curious as to which one of them are right in this circumstance? I find it unbelievable that my Dad is still residing in the marital jome despite their divorce.

Just to add that all children have left home! My Dad is 64.

I suspect dragging it to court would cost your mum way more than £10k. Try to get him down to First £7k of the sale. I suspect that will be calling his bluff, mind.

I find it utterly unbelievable that a lawyer 'forgot' the principle asset when divorcing. You can divorce without a financial settlement, but it's much better tomget it all sorted out at the time.

It's not remotely unbelievable that your DDad still lives in the property he co-owns, until the financial settlement is made and endorsed by the courts. Indeed, it's sensible of him.

Where there has been no financial settlement, you need to start the deal from scratch, and they need proper mediation then, when they reach a fair deal, have it properly and bindingly endorsed.

Don't even try to be their mediator!

I don't think your DMum is being reasonable in saying she has foregone rent, when she has not been actively engaged in sorting out the finances (if one ex-spouse declines mediation, then you can start presenting your deal, she didn't have to wait). The amount of cash each gets following the sale depends on several other factors, not least how other assets (eg pensions) will be arranged.

They each need proper legal and financial advice.

How much equity is in the home? Is the mortgage paid off?

Why does your mum believe she is owed rent money? Surely she should be contributing to the house if she wants the extra money?

She was told this by another solicitor. The mortgage is almost paid (a few thousand outstanding I think.) But my Dad has run the house down and decreased its value considerably so that it "can't be sold easily." He has had to spend on it to maintain it- q new boiler, pumbing etc and he says that he wants the first xxxx amount of the sale due to him paying the mortgage and paying for repairs on the house.
It's very complex.
Both don't want to lose money going to court either, so nothing is happening or has happened in 8 years.

Well I think they are both in part correct
She still owns it and usually the view is that he’s getting the benefit of living there while she is having to pay elsewhere so that’s while her share is still valid up to the point of sake and doesn’t stop at the date she left the home
Ultimately who paid what is irrelevant
A split will need to be decided based on

Value of asset
Length of marriage
Ages
Pensions values
Earnings and length of time until retirement

This might be 50:50 or might be more or less in either direction

Your DMum seems to have used one solicitor in the divorce, and then seen another.

Why is she not taking legal advice about getting the financial settlement dealt with?

And yes, I suspect your parents are being economical with the truth about this - if your parents each had legal representation for the divorce, it's just inconceivable that they both 'forgot' the financial arrangements. Your parents are (both) being avoidant for some reason.

That reason is not yours to figure out, let alone solve.

I suggest, if one or other of them brings it up, you use a version of the grey rock. Be really dull, and just keep saying something along the lines of ''you need to see a solicitor again and get that sorted"

Mum had saved the deposit for the house & my Dad always paid the mortgage - that had been their joint decision from the start of the marriage.
After she left, she paid 50% of the annual house insurance & whenever works/maintenance needed doing, she paid 50%.
The now mortgage-free house was sold as part of the financial set-up & split 50-50.
It was the easiest part of the financial package to deal with - pensions, well that was a different matter...

I think it’s vastly unlikely a solicitor ‘forgot’ to include the house in a divorce settlement, and much much more plausible that your parents divorced without a financial settlement being agreed - possibly because your dad wouldn’t agree to the house sale. So they’ve left it and left it and now it’s getting worse and harder to sort out.

The only thing your mum can do is assert her rights legally, yes. If she wants it sorted that is her only option.

Have some sympathy for you dad, though. At 64 getting a new mortgage will be unlikely, and would 50% of the equity buy him a new place to live? Your mum is housed already.

Op, I don't think they have a financial order, more likely they had a diy agreement.

What is the value of the house as 10k doesn't seem that much and court will be at least twice that or even more!!

The house needs to be sold which both seem to agree on, so that's good.

The issue is that both don't agree on how the equity should be divided.

Your mum is unreasonable to think she should be entitled to anything from the time she left and stopped paying her share of the mortgage. She wants her cake and the cherry.

They should agree on the value of the house when they separated and divide 50/50 the equity at that date. The rest is his.

It looks like he worked this out at £10k. He needs to share his calculations.

dontdisturbme

That's not what happens. She has not had the benefit of living in the house either.
The house is valued as it is and split. It's a shame Dad has run it down but he doesn't get the first anything of it.
He also risks losing some of his pension if he was the higher earner

Your parents need to get this to court to get a financial settlement, it's long overdue.

She has not had the benefit of living in the house either
Why should age benefit from living somewhere age doesn't pay for? And of course, she did have the option to stay there and pay for her half.

In relation to ownership and occupancy, the outcome of any dispute will be that it is an nil sum gain. Her “rent” is equal to the costs she didn’t pay as an owner.

Nobody forgot about the house. They are just avoiding dealing with it. Guilt, hurt and fear will be driving that.

But their joint approach, denial and obstinacy, is costing them money. It’s also untenable and at some stage it will come to ahead. It will then cost them more money.

Current money lost: devaluation of the property due to joint neglect
Future money lost: legal fees to confirm it should be sold and split.

In relation to ownership and occupancy, the outcome of any dispute will be that it is an nil sum gain. Her “rent” is equal to the costs she didn’t pay as an owner.

OP, I think this is what they both need to understand.

Your mum hasn’t paid anything towards the house in 6 years - nothing to the mortgage, nothing to the plumbing, repairs or new boiler. She’s also not gained any benefit from the house - no rent.

Your dad has gained benefit by living in the house (so he hasn’t been paying rent elsewhere) but he’s paid out to the upkeep and the mortgage.

They can calculate this themselves. Your dad shows his calculations on what he’s paid since your mum stopped contributing. Your mum calculates what ‘rent’ she might have gained from your dad e.g. if a lodger has occupied 1 room and paid that to straight to her.

Then they’ll realise it’s quits, and figure out what to do about your dad buying her out, or selling it.