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themogs

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Subject: she wants more, what a surprise. Posted: Thursday, December 5, 2013 - 12:54:16

hi all, i will try and keep it simple, so here goes. married for 7 years, no children. familly home worth about 120,000, morgage of 105,000. i own half of my parents house, house value 90,000, so i have 45,000. both got pensions. my parents have lived at there home all there lives, the reason i am on the morgage is due to my mother being disabled, so when the day comes that she has to go into care, it was advised it would be better if i was on the morgage. the ex had agreed that we would sell the house and split the proceeds, but now she has sent me a solicitors letter saying she wants 30,000 from me plus maintenance, cos as far as she is concerned i can sell my half of my parents house, which would be very difficult as it has been converted by the council at there expense from a 3 bedroom to a 2 bedroom house with all the alterations for my mothers disability included. anybody got any ideas how i can go forward with this, or have i got to try and raise the money on my parents house. thanks all.

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Monitor 441

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Posted: Thursday, December 5, 2013 - 12:54:16

Mogs. Are you on the deeds of your parents house or the mortgage - if its the mortgage you give no details of the value and the value of the house. Also what are each of yours and x2b\'s earnings to see if the maintenance issue is real. Mon

themogs

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Posted: Thursday, December 5, 2013 - 12:54:16

i am on the deeds and the morgage, she is now on income support, and i earn about 38,000 a year, though we have not lived together since july 2005, and have been divorced since august 2007. just the financials to sort out now.

Samson

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Posted: Thursday, December 5, 2013 - 12:54:16

I think this comes under the realms of a trust. You have half the house, however you also have the responsibilty that you and ex agreed to look after your disabled mother; in light of the divorce this responsibility falls on you. If I am right and you will need to seek legal advice on the matter you can counter her request with a claim for spousal maintenance similar to that of child maintenance but for an elderly relative that you care for. Long Shot but possible complication to make her think! The other thought that springs to mind is that you do not have the capital, you cannot get the capital until your parents pass away as no court in the land will make you sell the property in these circumstances and as such may come under the realms of inheritance, which again most courts will not entertain as it is something that will happen in the future and open to change. If you actually are on the deeds as owning 50% then she may be able to lay a claim on part of the proceeds of sale, if and when your parents house is sold, this will in effect be a charge on the property similar to a mesher order. If as you say you are only on the mortgage then she will not have any claim to the property as you do not have a tangible asset that is owned by you. It could be the intentions of your parents that the house is sold and the proceeds goes to charity, it is an unknown and no court can make your parents divulge the contents of their will! If you are only on the mortgage then it maybe that you can also use this as a possible future expense in your form E again as a way of claiming maintenance from your ex wife as she was a party to the agreement that you would be on the mortgage and pay it in the event your mother goes into care. I believe and I could also be wrong that if the 50% of the house was given to you as a gift then if your mother has to go into care, you may lose the house to cost of the care if the gift happened less than 7 years ago. If longer than 7 years you can also claim that if the house is sold any profit will go to the care of your parents as part of the original agreement (or Trust) with your parents. I cannot believe how greedy some people are... And I truely believe she has opened a hornets nest here that can and may backfire in her face You need to get good Legal advice on aspects of caring for elderly parents, trusts and inheritance. There is some case law on this type of issue. You may be able to find some example case histories on line if you google it. Good Luck Sam

Samson

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Posted: Thursday, December 5, 2013 - 12:54:16

Mogs, Posts missed while writing my comments above. When were you placed on the Deeds and mortgage? after you split? Sam

themogs

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Posted: Thursday, December 5, 2013 - 12:54:16

was on the morgage and deeds before we got married.

Owl1

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Posted: Thursday, December 5, 2013 - 12:54:15

The mogs, it sounds to me like you will own a half share in the property under a simple declaration of Trust. It will have been done for asset planning purposes so that if she goes into care they can\'t claim her half of the house to pay her care costs and you Dad does not lose his fmh. You need legal advice as to the exact position. Forget what Samson says about claiming SM off her, you have no action in that regard. Also it is unlikley she will be able to claim SM off you although if there is a significant disparity in your incomes she may have an entitlement. If that is the case you may be advised to look at an uneven split of the assets rather than being locked into SM. There really is very little equity here and protracted arguments could result in it all being gobbled up in legal fees.

EnglishRose

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Posted: Thursday, December 5, 2013 - 12:54:15

It\'s like owning a house with tenants - it\'s worth a huge lot less than the nominal value so work out a value for a let property, half if it, with a leasee that might last 30 years and no vacant possession. An estate agent will have an idea. May be value it at say a tenth? Then also argue that it is more like a future inheritance and you may never get it anyway. Is most of th equity in your marital home built up whilst married or yours before? 7 years is probably a bit short to be a short marriage so 50% is likely and worth it for a clean break but depends onthings like who earns the most etc. If she wants SM then try to avoid that as it hangs over you for years. Does she earn a lot less?

themogs

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Posted: Thursday, December 5, 2013 - 12:54:16

im well prepared to give her 50% of whats left after the house gets sold, she can even have it all cos its only going to be about 10,000 if that. when we split up two years ago, she went to live with the boyfriend she is with now, since then she has become ill herself and is now on income support, though at the time we had an agreement that i would give her a lump sum of 6,000 of which she has had, but once she had the money she said she would not sign the clean break order and wanted more money again, hence the 30,000 demand. we even got divorced over the internet and up until 6 months ago, she had a key and access to the house whenever she wanted it. i earn 38,000, but in my trade that is very high income, average is 23,000. i get this money cos its what this particular company pays. all the equity has built up over the 7 years of marriage as i bought the house about 7 months before we got married. its in my name only.

Who Threw That?!!!

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Posted: Thursday, December 5, 2013 - 12:54:16

Admittedly, I\'ve only \"speed read\" this thread, but I can\'t quite see on what grounds your Ex is asking for SM. There are no children and she\'s living with her boyfriend. What salient point did I miss?
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