Property advice please?

[Gollom]

Looking for a bit of general advice on behalf of my Sister-In-Law please. Just the best place to start at the lowest cost possible

She recently went through a bit of a messy divorce and to encourage her ex to sign the divorce papers, took her name from the joint house deeds. She's now regretting that action as she actually paid for the house (which is demonstrable as her father loaned her the money which was documented at his solicitors) and now would like to see some return for her and her children as you can imagine! It's been bought to a head by discovering that her ex. is marrying again (he lives in the house with his new partner - does not pay any rent at all) and she's concerned that even the children will not see any benefit now.

So, is there any way forward given that she herself removed her name (by visiting the Land Registry which is not far from us). If so what should her first step be which would have to be the lowest cost possible as she is struggling financially.

Appreciated

 

[markjay]

Did she just go one day to the Land Registry office and removed her name?

Or is there a signed agreement between your SIL and her ex where she agrees to do this as part of a settlement?

 

[Teego]

We are all bar-room lawyers round here.
IMO the best thing she can do is find a good local family solicitor. It'll cost money but she should get a free initial consultation.
This is not a DIY exercise.
Good luck.

 

[Gollom]

Did she just go one day to the Land Registry office and removed her name?

Or is there a signed agreement between your SIL and her ex where she agrees to do this as part of a settlement?

The former I believe. Not the cleverest action ever, but was done in a fit of pique. Her twin (my wife!) told her is was not a sensible thing to do at the time, but they can both be pretty headstrong! There was no settlement as they both had nothing and the financial situation precluded a solicitor except when needed to action the actual divorce

Cheers

 

[flowrider]

The former I believe. Not the cleverest action ever, but was done in a fit of pique. Her twin (my wife!) told her is was not a sensible thing to do at the time, but they can both be pretty headstrong! There was no settlement as they both had nothing and the financial situation precluded a solicitor except when needed to action the actual divorce

Cheers

Saying there was no settlement as they had nothing can't be right, they had a house which your SIL signed over under duress to her ex. Engaging with a solicitor is the best course of action IMO.

 

[AMGeed]

Definitely get legal advice.

Long story short, a previous work associate took his name off his jointly owned house in Brixham to avoid any financial implications should his newly started business fail. His marriage later failed and he left the marital home although continued to pay the mortgage.

Later he employed the (very expensive) services of a barrister on the advice of a solicitor to claim a share in the house in Torquay Crown Court. The judge threw out his case within the first hour of hearing the summary and quoted an existing case law. He was left with nothing but a large barristers bill.

 

[Wearsthefoxhat]

Get some legal advice, just hope that her actions have not already sealed her fate.

 

[clk320x]

If she formally agreed to have her name taken off the deeds prior to divorce I don’t think there’s anything she can do?

 

[markjay]

In essence someone who makes payments towards a house may have a claim for part-ownership, but the circumstances under which she gave-up her share will be questioned. This does seem like a complex case that will require expert legal advice.

 

[clk320x]

In essence someone who makes payments towards a house may have a claim for part-ownership, but the circumstances under which she gave-up her share will be questioned. This does seem like a complex case that will require expert legal advice.

That’s true MJ, but if she gave up her share with no condition of payment prior to divorce then surely she can no longer claim?

 

[markjay]

That’s true MJ, but if she gave up her share with no condition of payment prior to divorce then surely she can no longer claim?

We don't know the circumstances of her giving-up her share... what - if anything - has been agreed verbally (in front of witnesses)... or if it was done under duress. Was she of sound mind when she did that? Etc.

 

[clk320x]

We don't know the circumstances of her giving-up her share... what - if anything - has been agreed verbally (in front of witnesses)... or if it was done under duress. Was she of sound mind when she did that? Etc.

Yes this is true

 

[NJSS]

Rapid advice from a decent matrimonial lawyer.

I assume that the divorce has passed the decree absolute stage? If not then it must be stalled without delay.

NJSS

 

[C240Sport97]

I think she is up a creek without a paddle.

 

[Gollom]

Rapid advice from a decent matrimonial lawyer.

I assume that the divorce has passed the decree absolute stage? If not then it must be stalled without delay.

NJSS

Yes, absolute has been granted

 

[st13phil]

Yes, absolute has been granted

It's a long time since I went through the process, but when I did there was also the matter of a Consent Order to deal with the financial aspects. Some information on that here.

I find it astonishing (bearing in mind pension rights, property and the rights of the children) that no-one thought to get one in place?

As mentioned by @Teego, above, she really needs to take professional legal advice from an appropriately specialised solicitor.