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newly weds dilemma

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clemantine | 23:20 Thu 21st Sep 2006 | Law
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just got married but husband going through legal battle with ex they have not lived together for 8 years her choice she moved out with kids he owns the property in his sole name and has had it for 20 years she only lived there for 7 of those he was never married to her he maintains his children very well and has a good relationship with them recently we asked how much she wanted out of the house as obviously although not on the mortgage she did contribute and also she has a restriction on property from land registry that we would like removed so that we can move on she has asked for exactly half the equity in the house which is about 35k as my husband has paid the mortgage though out he thinks this is excessive do not live there as i have my own property and my own children to maintain .we have offered ten thousand we can not afford to keep 2 houses it is crippling us so i am selling mine she has her own house good job and maintenance from my hubby and rightly so what do we do now if she turns that down
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Is this being done via solicitors? If not then I advise you do go through them.

What is the restriction? I am assuming that she is named on the deeds?

Her solicitor will have her charge over the property registered and it cannot be sold without this being lifted. She will probably end up getting half anyway if it goes through the courts, so maybe best to pay half and save some very expensive legal costs. As already stated, best to seek legal advice at the outset.
Chatting to someone about this today and they were in a similar position but the ex agreed to take her % of the equity i.e. 8/20 of the equity for the years that she lived there. So in this case �11,200. I would propose that and see what her solicitor says.

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