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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33285
Experience:  family solictor with 25 years experience
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Does this service cost anything? I cant find a cost My

Customer Question

Does this service cost anything? I cant find a cost
My partners wife is living in their home (2years) she wont sell and has offered him a buyout. He accepted the deal but now she has said she needs time. We are low earners and she is on benefits through health. What can he do to solve the issue of the house. There is no mortgage. She seems to be just stalling. His two grown up children still live there but both have finished uni and will be moving on.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Also. Me and my partner are buying a house together. Does this affect any of the money issues regarding the final consent order.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income do your partner and is wife each have and how much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.
My partner has an income of £10700 and she is on £110 per week and a small income from avon. Also her daughter gives £30 per week board. A one bedroom house in the area is about £75000 but there arent many.
Customer: replied 1 year ago.
Also its her partner (not live in) that has offered to buy my partner out.
Customer: replied 1 year ago.
Sorry to add more, but we have been paying rent for two years at £420 per month and she has lived there with no rent/mortgage to pay. Thanks for any help you can give.
Expert:  Clare replied 1 year ago.
Hi
Is your partner willing to consider divorce proceedings?
Clare
Customer: replied 1 year ago.
They are already divorced. The decree absolute was earlier this year.
Customer: replied 1 year ago.
Sorry i should have said ex wife at the beginning
Customer: replied 1 year ago.
I've had an email saying my question has been answered but it hasn't?
Expert:  Clare replied 1 year ago.

Hi

My apologies you had said they were divorced already - what I meant to ask is whether the issue of finances were addressed within the divorce proceedings - and how old his ex is

Clare

Customer: replied 1 year ago.
Hi
They didnt raise the subject of finances at the time of divorce. Both my partner and his ex are 50 years old. Thanks
Expert:  Clare replied 1 year ago.

How much did she offer him and when?

Customer: replied 1 year ago.
She offered 45,000 and the house is worth 100,000. He was happy with the offer but then she said she needed time to think, and now is ignoring him.
Expert:  Clare replied 1 year ago.

Hi

Right - just to check - you have not yet remarried?

Clare

Customer: replied 1 year ago.
No.
Expert:  Clare replied 1 year ago.

The way to resolve this is for your partner to start the process which will allow a court to force the sale of the property if need be.

The starting point is for him to attend a Mediation Information and Assessment meeting, and if (when) mediation fails to then apply to the court within the old divorce proceedings for the financial issues to be dealt with.

The Court can and will order the sale if his ex does not arrange for an earlier buy out

I hope that this is of assistance - please ask if you need further details

Clare

Customer: replied 1 year ago.
The problem is affording to do all the above. What is the likelihood of him getting 50/50 of the house and pensions? If it's quite good it may be worth doing. I can't see an end as she has just spoken to him today and told him to do a running jump! Can he claim occupational rent from her or is that just clouding the issue. What could he put in a letter to send her just to let her know that it will go to court. It's so exasperating after so long. Thanks for the advice so far.
Expert:  Clare replied 1 year ago.

The only potential cost is the cost of the MIAM (modest) and the Court fee £245.

There will certainly be an order for sale - but wether it will be 50/50 or 60/40 in her favour is harder to assess.

There is no question of Occupational rent I am afraid - but there will be ab order or sale

Customer: replied 1 year ago.
Thankyou. One last thing. If he takes it to court using a solicitor, will he be awarded costs if the order for sae is granted?
Expert:  Clare replied 1 year ago.

No it is not likely that he will get costs I am afraid

Customer: replied 1 year ago.
whats his next step. Does she have to agree to mediation or can he apply alone? And which form does he need to apply to court.
Expert:  Clare replied 1 year ago.

He need sto attend a MIAM with a local family mediator - that is required before a court application is made

The form he needs is here

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf

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