Hi I got divorced last year. I have first court date for financial matters next month. My ex lives with his mum and I live in family home which is jointly owned by me and my ex husband. We bought that house 3 years ago. The deposit for the house we got it as a gift by my ex father In law.now my ex father in law clamming for the whole house and denying he never gave it as a gift. I live with my daughter in that house. My ex never contributed any money towards bills and mortgage Infact he never paid any maintenance for the child Either. My ex father in law use to pay some money towards mortgage when he use to live in that same house. The bottom line is my ex in laws trying me and my daughter don''t get anything. Please advice is my ex father in law initial for any share of our house? And will court make priority to have roof for me and my daughter?
Strange isn''t it how gifts suddenly become loans when divorce proceedings commence! I think a judge will want to see fair evidence that this money was a loan, I expect there is no documentation. Is he claiming a share of the property or saying the money was on loan? They cannot be claiming both!
Is the house larger than you and your daughter need? Your housing will be a priority. Stay put.
Thanks for the reply. Yes, He is claiming a share of the property and have sent restriction on the house from land registry.
House is big and to be honest I can''t afford to pay mortgage and bills for this house for too long. All I am looking for enough to buy a small flat or 2 bedroom house in the same area where I m living at the moment. But the way my ex husband and his father demanding I am scared I might not get anything. Please advice....
In that case you are the joint owners. I cannot see how your fil has a claim on the house. At a push he could try going down the beneficial interest route if he lived there and contributed financially but it does not sound like there was ever an intention he should part own the property. Use the search bar at the top to look for beneficial interest.
He can try asking for the deposit back but I don''t think he would get far. If he said it was a loan I don''t think a court would believe him.
You and your daughter need to be housed. How the split works will depend on your joint assets, income and needs plus other factors such as length of marriage etc.