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My sister needs divorce and house settlement advice?
Optional Information: Province/Country relating to question : UK Already Tried: Nothing, you are the first company I have communicated with?
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.-Could you explain your situation a little more?
My sister wants out of the marriage to her husband but he believes that the house is 100% his, and she is entitled to nothing, to give you some history, she was a single mother when they met and she had her own property when he moved in, later in the relationship they purchased my parents house for 50% of the market value so a good deal for my sister and husband, especially him when he put no money into a deposit for the house, they have since upgraded from that house and the kids have moved out, he is adamant that he paid the bills so the house is 100% his, even though she brought the kids up as part of the relationship, she just wants what is rightfully hers and she want to go her own way and move on, but he is being difficult because he is the bread winner and knows she has no money to fight him legally, firstly what is she entitled to? and how can she go about the divorce and settlement with a legal person who would take their fee out of the house and divorce settlement because she has no money upfront to move this forward??
Good afternoon, The house that they live in now will be classed as a joint matrimonial asset. It is likely that she would be entitled to at the very least 50% of the net equity i.e. the value less any outstanding mortgage or the net proceeds of sale if it is sold. This is established law. She may well be eligible for legal aid if she has no backup and this would assist her with the costs of the divorce and financial settlement. Mediation is also available which can often be a quicker and cheaper alternative. Many solicitors also offer fixed fee or even free initial interviews when the whole picture can be considered and advice given on all areas including the eligibility for legal aid which is means assessed. Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.Best wishes FE
Experience: 30 years General Practice including Divorce & Matrimonial Property
Hi,I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.