Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

House sale after divorce

34 replies

Powwow401 · 16/01/2021 13:53

Please can someone offer advice or if you have been through a similar experience. My husband and his ex wife separated 6 years ago and divorced 5 years ago. We’ve been married for 3 and a half years and have a 2 year old daughter. The ex wife has finally put the marital house on the market, her choice because she gave up work and couldn’t afford the mortgage. She said she would be better off in rented accommodation because the social would help with rent. House sale has been agreed but how they split the profits of the house is still ongoing.
Originally she agreed to a 50/50 split just to sell the house and so they wouldn’t be financially tied anymore. However we received a letter from the solicitor selling the house to say they had received an email from another solicitor instructed by her stating that she didn’t agree to the 50/50 split. At no point has she communicated this with my husband and refuses to negotiate only via solicitors. But we haven’t received anything from a solicitor and that was the beginning of December. He contacted her to see what she would agree with and she said for now she wants all the proceeds of the sale of the house and half his pension if he agrees now. If he doesn’t agree to this she will take it to court and fight for more. I don’t know what else she could fight for. She’s now signed and collected the keys for her new rented house with her children. The house is due to complete early next month.
They were married for 9 years and my husband paid the mortgage for the duration of their marriage and for a year after they separated. He only stopped paying the mortgage when she moved a new partner in and had a baby with him.
Any idea would be greatly appreciated I’m at my wits end here. It’s been one drama after another with her since we married thanks in advance

OP posts:
millymollymoomoo · 16/01/2021 15:10

Did they not tie up finances as part of the divorce?? And why on earth did you get married if they hadn’t ?

She could well end up with greater than 50%. ( could be more could be less no one here will be able to say )

It will depend on total assets available,( inc pensions) needs, earnings of both, ages of children, ability to work and earnings potential.

Assets often follow children

He needs to seek legal advice and see what ‘fair’ looks like

Northernsoullover · 16/01/2021 15:18

He needs to go to court if she won't agree. My partners ex asked for all the equity and for this she would leave his pension alone.
He offered her most of the equity. She refused. Court awarded her 2/3rds of the equity and none of the pension. He'll tell you it was too much. She said it was too little. The most importantly thing was that their needs were met. Not their wants. It was a ten year relationship with two children.
If the ex wife wants to claim benefits then she's in for a shock. She won't get any if she has capital. She will also be expected to work.

Alexandernevermind · 16/01/2021 15:21

He can't expect half the equity if he stopped paying the mortgage 4 years ago, can he?

Viviennemary · 16/01/2021 15:24

Just go to court. And how cheeky trying to grab his pension after such a short marriage. New partner moved in? Report her if she is claiming benefits as a single person.,

ShimmyAndShine · 16/01/2021 15:26

You've married someone who hasn't properly divorced. That means all your partners and indeed your assets are up for grabs if you hold them jointly with him as he will have to declare his assets on a form E before court. The equity realised from the sale will be frozen until this is agreed. He should agree whatever he can afford to avoid it going to court

Lettertoyou · 16/01/2021 15:29

What was the financial settlement at the time of the divorce? Is she trying to change it? Usually a clean break is preferred.

Original poster
Powwow401 · 16/01/2021 15:54

They didn’t do a financial settlement at the time of the divorce, clearly a bad move 😩

OP posts:
Original poster
Powwow401 · 16/01/2021 15:57

He didn’t ask for half the house, it was her suggestion when she put the house up for sale. He’s be more than happy to take a much smaller cut but she hasn’t discussed this at all.

OP posts:
millymollymoomoo · 16/01/2021 15:59

He can ask for half
She can ask for all

Only solicitors and possibly a judge can decide if they can’t agree
What a mess

Original poster
Powwow401 · 16/01/2021 16:32

I know it's an absolute mess. Something he and I were a bit naive about unfortunately. Would be easier for them to try and are she something mutually beneficial between them. But perhaps it's better a court decide what they think is fair whatever that may be.

OP posts:
Original poster
Powwow401 · 16/01/2021 18:14

I'm sorry I don't know how to reply to individual messages. VivienneMary I don't understand the pension either, this is a new threat. Their children will be in their thirties by the time he's claiming his pension so it will not benefit them at all then. She's almost ten years younger than him, so as it stands she could have another 30 years in a job and get her own pension if she was to actually get a job. She is now again a single parent again the new partner and father to her child left her about a year and half ago and has zero contact with her or the child 🤷‍♀️

OP posts:
NiceandCalm · 18/01/2021 17:06

If she's claiming help with her rent then she is defrauding the benefits system. She has assets in the house and/or has a 2nd home. If she's playing dirty, then I'd be inclined to as well! I can't see a court awarding her all the house and half his pension, obviously depends on the amounts involved. He needs solicitor's advice pronto, especially as the house sale is going through!

Original poster
Powwow401 · 18/01/2021 19:07

Yes she's definitely claiming housing allowance. I didn't realise she wouldn't be able to! She's in the new house now as off a week ago. She has emailed saying she doesn't need the money and she wants her 100% to go into a trust for the two kids till there 21. Perhaps this is her way of claiming benefits legally? I don't know too much about claiming his using benefit etc She's played dirty since day one, we've taken her to court twice for access to the kids and now moans he doesn't see them enough. Anyway that's a separate issue lol

OP posts:
Original poster
Powwow401 · 18/01/2021 19:08

Housing

OP posts:
DeRigueurMortis · 18/01/2021 19:47

You can't "give away" money to maintain your benefits.

If putting the money in trust is her way of keeping benefits it's not going to work.

It doesn't sound like she's thought this through.

Moving to rented because she'll get benefits was never a good plan if she was going to be the recipient of the equity in the house as should wouldn't be eligible.

Your DH needs to see a solicitor and get this sorted ASAP before completion.

DeRigueurMortis · 18/01/2021 19:54

If she really wants to put the equity in a trust for the children then the only way to do this is if she gives all the equity to your partner and he agrees to set up the trust (assuming he's not on benefits).

As is she'll be expected to use the money to support herself rather than claim benefits.

But as above I don't think she's thought this through....

Original poster
Powwow401 · 18/01/2021 20:22

I think your right, she hasn't thought this through at all. How long does it take to receive a solicitors letter? She's been saying this since the 9th of December and we haven't heard anything. Got an appointment over the phone this week for my OH to get legal advice. We both work, always have so we're not sure on claiming benefits. I'm not sure either what else she could be after other than all the quality and half his pension what else is there 🤷‍♀️

OP posts:
Original poster
Powwow401 · 18/01/2021 20:23

Equality not quality

OP posts:
DeRigueurMortis · 18/01/2021 21:32

How long does it take to receive a solicitors letter?

Shouldn't be longer than a few weeks max.

Sounds like she's stalling.

Your OH needs to get legal advice ASAP before the funds are released and ask well as asking what's a reasonable settlement needs to ask what happens to the money if they have not yet come to an agreement by the time of completion?

Tbh he's been foolish in not sorting this sooner.

Original poster
Powwow401 · 19/01/2021 00:08

The funds from the sale of the house will be kept by the solicitor in charge of the sale until an arrangement has been agreed. So no one will get anything until then. Just so frustrating she won't even speak about it, and did a u turn from what SHE originally suggested not my OH. Obviously wish we'd sorted this sooner both a bit naive that it would run smoothly I suppose. Hind sights a wonderful thing!! Thanks for the advice

OP posts:
Newusername21 · 21/01/2021 10:12

If your husband is still on the deeds/mortgage I guess he could refuse to allow the sale? That would probably give his ex some clarity to get moving? I do feel sorry for the people buying the property though.

Sounds like a mess though and like other have said a lesson in how not to divorce. I'm amazed whatever solicitors they used at the time of divorce didn't insist on a financial order at the time.
Could they use a mediator?

Newusername21 · 21/01/2021 10:14

Oh - and also FWIW at the moment I would say don't get distracted by what the ex wife is doing with the proceeds of sale and regards to her benefits. Whatever the rights and wrongs, that's none of your business. Your husbands just needs to focus on getting this resolved for all of you.

RandomMess · 21/01/2021 10:25

Well 50:50 of the marital assets is the starting point plus if one is housing the DC more etc is usual for them to get more.

Marital assets include the value of the pension at the time of the split. You need to look at the information required on the Form E and start pulling it together such as getting his pension valued at the time they divorced. She needs to do the same with any pension she had.

Sounds like a mess right has been made Sad

dontdisturbmenow · 21/01/2021 10:30

She might be entitled to benefits until the house is sold as she can evidence it is I feed up for sale.

Setting up a trust for the kids will be considered deprivation of assets as it will be if she gives away her share of the equity for that same purpose.

It sounds as if she just wants all communication to now take place between solicitors. He needs to respond to hers. Offer whatever he is comfortable with but indeed needs to account for the fact she paid the mortgage solely for 5 years.

Original poster
Powwow401 · 21/01/2021 13:40

@Newusername21

Oh - and also FWIW at the moment I would say don't get distracted by what the ex wife is doing with the proceeds of sale and regards to her benefits. Whatever the rights and wrongs, that's none of your business. Your husbands just needs to focus on getting this resolved for all of you.
Ye I agree it's none of our business with regards to benefits etc and we're not concerned with any of that. It has nothing to do with us. It's just that some people had commented about her been on benefits that it became a discussion
OP posts:
Swipe left for the next trending thread