Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

What is my friend entitled to? Help!

17 replies

Rainallnight · 17/09/2023 20:16

I’m exploring this on behalf of a friend who is not on MN. She will likely need legal advice but I thought I’d ask here first.

Friend is divorced from her ex-DH. He left when their DC were small. He didn’t pay maintenance but did continue to pay the mortgage on their interest-only mortgage.

Mortgage and house in both their names. The Ex-DH remortgaged and took more equity out of the house. No one know what he did with this.

DC are young adults now, still living in the house with my friend.

The situation has become unsustainable for various reasons and my friend needs her independence. She’s a low earner due to years of single parenthood and not having had many chances in life.

If they were to sell up, what proportion of the proceeds of the house would she be entitled to?

OP posts:
FSTraining · 17/09/2023 20:31

Rainallnight · 17/09/2023 20:16

I’m exploring this on behalf of a friend who is not on MN. She will likely need legal advice but I thought I’d ask here first.

Friend is divorced from her ex-DH. He left when their DC were small. He didn’t pay maintenance but did continue to pay the mortgage on their interest-only mortgage.

Mortgage and house in both their names. The Ex-DH remortgaged and took more equity out of the house. No one know what he did with this.

DC are young adults now, still living in the house with my friend.

The situation has become unsustainable for various reasons and my friend needs her independence. She’s a low earner due to years of single parenthood and not having had many chances in life.

If they were to sell up, what proportion of the proceeds of the house would she be entitled to?

In "normal circumstances" almost certainly half. Maybe 55% at a push. She would have been expected to work full time once the youngest turned 12 or 13 and although she would not be expected to make a full career recovery from that point, her low income will not be solely attributed to being a single parent either.

If the other parent earns particularly well then maybe up to 65%?

Original poster
Rainallnight · 17/09/2023 20:35

Thank you, that’s helpful.

The other parent is in a job that allows them to hide income.

One of the DC is has SEN and full time working wasn’t an option.

OP posts:
FSTraining · 17/09/2023 20:41

Rainallnight · 17/09/2023 20:35

Thank you, that’s helpful.

The other parent is in a job that allows them to hide income.

One of the DC is has SEN and full time working wasn’t an option.

All those facts change the outcome. What level of disability are we talking about? Any other factors that could be relevant?

Original poster
Rainallnight · 17/09/2023 21:15

The DC coped in a mainstream school but only just. Needed a lot of support and there were lots of appointments etc, and I don’t think got much in the way of GCSEs. Now doing a very basic job but I think there’s a question mark over whether they could live independently (this has never been tested though).

I don’t think there’s anything else relevant though it is a fairly messy situation.

OP posts:
wanttokickoffbutcant · 17/09/2023 23:25

If the house is interest only probably nothing as you say he has already removed equity.

FSTraining · 17/09/2023 23:31

Rainallnight · 17/09/2023 21:15

The DC coped in a mainstream school but only just. Needed a lot of support and there were lots of appointments etc, and I don’t think got much in the way of GCSEs. Now doing a very basic job but I think there’s a question mark over whether they could live independently (this has never been tested though).

I don’t think there’s anything else relevant though it is a fairly messy situation.

That doesn't sound like SEN at the level that your friend would be unable to work full time or would need to be a hands on carer so it's relevant but not as much as other cases would be.

FSTraining · 17/09/2023 23:32

wanttokickoffbutcant · 17/09/2023 23:25

If the house is interest only probably nothing as you say he has already removed equity.

Given the timeline + we don't know how much equity was taken out, we cannot conclude this.

Original poster
Rainallnight · 17/09/2023 23:33

I don’t think she’s looking for any more than she’s entitled to, to be clear. But things are becoming very difficult and she needs to disentangle herself from him financially, so she does need to do as much as she can to secure her future.

OP posts:
FSTraining · 17/09/2023 23:37

Rainallnight · 17/09/2023 23:33

I don’t think she’s looking for any more than she’s entitled to, to be clear. But things are becoming very difficult and she needs to disentangle herself from him financially, so she does need to do as much as she can to secure her future.

Yes, but she may not be able to guarantee her financial future if there is simply not enough to go around. As he was on her mortgage, was he also able to buy his own place? This will be relevant to the outcome.

Original poster
Rainallnight · 17/09/2023 23:39

If my understanding of the value and the equity is correct, there will be something to go round.

Yea, he bought somewhere else (installed a woman there and then walked out on her)

OP posts:
FSTraining · 17/09/2023 23:42

Rainallnight · 17/09/2023 23:39

If my understanding of the value and the equity is correct, there will be something to go round.

Yea, he bought somewhere else (installed a woman there and then walked out on her)

So does he live in a house he owns now? I'm asking so as to ascertain needs.

Homewoes22 · 18/09/2023 09:09

How did he remortage without her knowing if the mortgage is in both names? Is this not fraud and can report she him to the police ?

FSTraining · 18/09/2023 09:46

Homewoes22 · 18/09/2023 09:09

How did he remortage without her knowing if the mortgage is in both names? Is this not fraud and can report she him to the police ?

No, this probably wouldn't be fraud as he's not gaining from it. He's simply increased a debt in his own name.

It's quite important actually that divorcing couples are aware that mortgage renewals can simply be performed by one party if the bank does not change and the bank has not been informed of the changed circumstances. I had to tell the bank about our divorce so that my ex-wife could not get a new fix without my consent (she is subject to a best endeavours clause to release me from the mortgage at the moment and this order would be undermined if she re-fixed rather than went onto standard variable because it would make it harder for her to secure a new mortgage with a different provider if necessary).

boromu222 · 18/09/2023 09:48

No, this probably wouldn't be fraud as he's not gaining from it. He's simply increased a debt in his own name.
AND in her name, without her knowledge.

purplepencilcase · 18/09/2023 09:48

Homewoes22 · 18/09/2023 09:09

How did he remortage without her knowing if the mortgage is in both names? Is this not fraud and can report she him to the police ?

This. You can't remortgage a house in joint names or change a mortgage that's in both names without the involvement of both parties. That means signatures on legal documents!

FSTraining · 18/09/2023 09:54

boromu222 · 18/09/2023 09:48

No, this probably wouldn't be fraud as he's not gaining from it. He's simply increased a debt in his own name.
AND in her name, without her knowledge.

You'll still get absolutely nowhere if you try to claim fraud, especially as he's the one paying the mortgage off. Raising it as dissipating assets as part of a financial claim in divorce might get more traction. Fraud is for the birds I'm afraid.

Collaborate · 19/09/2023 11:33

No one can say what percentage she would get. We'd need to know the value of the house, the mortgage debt, how much he took out on the remortgage (and whether it was before or after separation), their incomes and mortgage capacities, and pensions and other assets.

In other words she should go and see a family solicitor.

New posts on this thread. Refresh page