Legal question - it's a bit tricky

[scratchyteen]

My friend has been divorced for 10+ years and has a 17 year old son. The divorce settlement sets out that the house is to sold when son reaches 18 and ex-husband will receive 30%of the proceeds. But, she has been admitted to hospital and yesterday diagnosed with a terminal brain tumour, she is being assessed daily for competency currently she is not competent. Her son is staying with a friend and we're waiting for an oncologist to see her. Ex has tonight Ed stated that as he owns 30% of the house he is entitled to live in it now. Can anyone offer any advice, can't speak to a solicitor until Monday and most are furlough Ed 😥

If I own a house with tenants in it, I can't just move in if they have gone to hospital, and I own 100% of it!

I am assuming the court order says it is her s to live in. Essentially it separates out the benefit of living in it from the legal ownership of it.

What a bastard. It's not complex at all. It's her house and she is still alive. She may be able to go home. Tell him to back off. It's her home, he has a 30% share in the profit from selling it which isn't happening right now.
Did she have a will. Too late to make one now probably I'm afraid.

He doesn’t have the right to move back in. The arrangement you describe is a Mesher Order. The ownership of the house should have been formally transferred to your friend, but with a charge (kind of a mortgage) to the husband.

The consent order will contain details of the mechanics of how the house should be sold at the end of the term.

If she’s still alive when the son turns 18, she will have to deal with putting it on the market, but if she doesn’t have capacity, and hasn’t made a Lasting Power of Attorney,potentially someone will need to apply to the Court of Protection for an order authorising them to deal with it on her behalf.

So in the short term, the husband can’t just move in, but someone needs to persuade him to hold off forcing a sale while your friend and her son still require the property (if it’s not long till his 18th). If he’s bloody minded about, she needs to apply for a variation of the consent order for a period of time, which ties in with reference to medical reports, prognosis etc.

Will the son want to love with dad after his mum dies?

I’m sorry your friend is going through this.

Thank you, sadly she's not able to do anything. Thank you for the clarification re him moving back in

This is awful What sort of cunt pulls a move like that on a dying woman!? for you and your friend OP

I’m so sorry about your friend. I have no legal advice but is it worth changing the locks in case he tries anyway, in case he still has a key?

Well he’s a total shit isn’t he? What a way to support his son who is dealing with his mothers terminal illness.