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financial court orders

  • Paul161959
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06 Sep 12 #354123 by Paul161959
Topic started by Paul161959
Hello! will try to keep this as simple as possible.
My partner and her ex husband had an agreement which involved her having the home/mortgage signed over to her and him paying a sum each month for the children. He never put in an appearance at court despite numerous letters, and eventually the Judge issued an order signing over the house to her. She took on the mortgage and his name was removed from the deeds. This took place in 2006. He didn''t pay any maintenance for the children and my partner didn''t take any action on this. He has now resurfaced having remarried and having a new house, saying that he was mentally ill (he''s alcoholic) at the time of their divorce and wants a share of her house. She has recently extended and improved the house and is obviously worried sick.
Anybody any ideas if he has a claim?

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06 Sep 12 #354125 by WhiteRose
Reply from WhiteRose
Hi Paul & welcome to Wikivorce.

I don''t think your partner has anything to worry about ............

You wrote the Judge issued an ''Order'' - this is usually a final thing. Due to his ''illness'' He didn''t turn up to Court but there was the option that he could have been legally represented.

However he has now re-married and there is a clause that once you have remarried you can not start AR (unless you were the Petitioner and had ticked the relevant boxes in the petition)

I hope a wise wiki will confirm this!

I wonder if she can counter him with claim for 6 years of backdated unpaid CM (which, if it were £400 pm should be £28,800) ;)

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06 Sep 12 #354127 by Paul161959
Reply from Paul161959
Thanks for that...will show her your reply. She is contacting the solicitor that dealt with the divorce for her but that will take time and I want to help calm her down...
as a matter of interest it was £700 a month so he would owe her a tidy sum. but she wants his absence not his money these days.
Thanks again

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06 Sep 12 #354130 by WhiteRose
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That''s over £50k :woohoo:

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06 Sep 12 #354157 by Paul161959
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£50400...worth not having it just for him to go away. the mans a waste of atoms!

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