mum divorcing evil step dad... a few questions

[nannyl]

Am asking on behalf of my mother here.

she has (finally) decided to divorce my evil step dad (yes he is evil)
anyway she my real dads divorce payout money put most of the money into the house that she bought with my step dad in joint names.

He wants to stick his heels in and make leaving him as difficult as possible . anyway he seems to think that my mum cant make him sell the house OR move out of it once sold

im 99.9% certain he is wrong and actually she can, but he is gonna do his best to dig his heels in at every oppertunity.

also he thinks she has no grounds for divorce... do you still need grounds? despite him TELLING MY MUM TO HER FACE that he has another woman (he didnt, it was a "joke" apparently ) neither have been unfaithful.
He has emotionaly abused her though.

Oh and he has physically and violently attacked me, which police delt with at the time and he has it on his criminal record etc.
he also strangled me (but it was "ok" cause he wasnt gonna strangle me enough to make me die, just enough to frighten me , and he was sorry so my mum decided to forgive him as he only attacked me once!!!

anyway is that grounds for divorce? (it was 18 months ago) needless to say she will not let herself be alone with him ever as he has proven that he cant control his temper when life doesnt go his way...

i would just like advice on her behalf about 1) can she make him sell the house?
2) does she have good grounds for divorce? (she is actually too scared to be alone with him in case he attacks her, and there is no-one present to remove his hands from round her neck, where as she removed his hands from my neck!)

TIA

Q1) More information is required to help. How long was the relationship (marriage+ any cohabitation before marriage)? Are there any dependent children living in the house who are raised as family? If so, who will they live with now?

Q2) In England & Wales there is one ground to divorce, the irretrievable breakdown of marriage proven one of 5 facts - adultery, unreasonable behaviour, two years' separation with consent, five years separation without consent and desertion.

Adultery is often difficult to prove (evidence that there has been sexual intercourse is required), desertion is even more difficult to prove and seldom used these days and many people do not want to wait for 2 or 5 years separation. Therefore UB is often cited and generally petitioners are encouraged to use mild reasons so that the actual divorce progresses with the least hassle and expense. Time, energy and money can be better spend on sorting out the finances. The reasons for the divorce very rarely impact on the finances or arrangements for any children.

Reasons for UB typically include lack of intimate relations, an inappropriate relationship, controlling behaviour, too much time spent working/computing/sport/hobbies and not helping with the chores.

Incidents of domestic violence should be reported to the police and where there is enough evidence the perpetrator can be prosecuted. Where there isn't sufficient it might still be possible to apply to court for an injunction to stop "molestation" or pestering.

ok.
well she met him in 1996 (and moved into his own teeny tiny house in a horrid area)

i guess they moved into their current house (MUCH bigger in a lovely area, probably in 2001 ish) they must have been married for 5 or 6 years now.
Luckily they have no children together (just 2 cats! and lots of posessions, oh and yes step dad wants all of everything)

do you mean that being violent towards me might not count? (I have never lived there!)
It has all been documented by the police.

He is generally a very nasty guy, but very too faced and its difficult to be that specific, and he will just deny everything anyway. As far as he can see he has done no wrong! ever

and just to add they have both financially contributed but my mum has always earnt and contributed more, and there have been times when they have been together (though not while living in this house) when he was unemployed and my mum supported them both.

OK. All the assets (including pensions) and any liabilities held jointly and solely are the consideration. The net value of property is the shared according to factors set out in s25 Matrimonial Causes Act 1973 and usually the needs of both parties comes at the top, or near the top of the list.

The starting point will be the housing needs of both parties. The lower earner would normally only be able to raise a relatively small mortgage and require a greater share of capital to leave them on an equal footing. However, ages might affect that ie if the higher earner is within 10 to 15 years of state pensionable age perhaps they may have a larger mortgage because there are fewer years to pay it off.

It is then a question of looking at how the assets can be split. The former matrimonial home may need to be sold to release equity to share or it might be one party can buy the other out by increasing the mortgage. Alternatively, it's possible to offset one asset against another eg one party keeping their pension or a larger share which is offset against equity.

Your Mum really needs to see a solicitor to find out where she stands and what options there are in her particular circumstances.

Being violent towards you will not make any difference to the divorce going through eventually. As one judge recently said by the very reason the couple were in court it was evidence the marriage had irretrievably broken down. The problem with citing violence, and particularly in relation to children, is that the respondent may believe it will effect the financial settlement or it may be used in proceedings relating to children and the divorce is then defended. This can take many months to resolve and cost each party in excess of £10k before they even tackle the finances and/or arrangements for children.

In reality conduct is only taken into account during family proceedings when it would be "inequitable to disregard" it eg evidence of attempted murder to try and prevent a spouse making financial claims or a husband slashing a models face leaving her scarred so her career is effectively destroyed. With child proceedings it is evidence in the form of school, social work, police, medical reports that children are effected by DV and at risk of harm that carries weight not what reasons are given in the divorce petition.

thank you for all that information.

its very helpful

my mum has sought legal advice which basically has said that she can make him sell it and even if he does not cooperate at all in the slightest, a judeg can give an order to force the sale of the house... so assets can be split etc.

even better is the fact that they are way ahead on the mortgage, it can all be moved to interest (with or without his consent! )and they have 21months before any payment is even due.
(he has decided that he will not put a penny into the house but will live there regardless until it is repossed!!!!)

she has decided to try and bribe him with 60/40 60 for him if he does this amicably.... or if he wants to be difficult she will fight for every single penny.

i can see why she wants to do this for an easy life but it makes me furiouse that this violent evil bully could even get more than 1p more than her.

she is worth more and she is so much the better person.

STIDW has given some good advice. I will add that if there is an order for sale and SD fails to cooperate, the DJ can sign the transfer papers on SD's behalf. Best to get the ball rolling asap.

Best Regards