Legal research in divorce: can one spouse sue the other for her bad financial behaviour?
£20-250 GBP
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Publicado hace 5 meses
£20-250 GBP
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Mrs N is the applicant in a divorce case
Mr E is the respondent and owns several properties
The case has an issued Decree Nisi but not yet Decree absolut since the Financial Remedy has not been decided yet
During this time, Mr E took out a secured short term loan loan on Property A, to be paid back when Property A was sold
and indeed the property was just about to be sold for say, £700,000
The sale procedure was near completion & they were about to exchange contracts
However Mrs N blocked the sale of the property so the property stayed unsold but with a short term loan on top of its mortgage
and of course the husband Mr E had to pay the solicitors for their efforts to date and right up the last minute when the wife blocked the sale
Of course the short term loan has to be repaid and within one year at that
So in desperation, Mr E tried taking out another short term loan secured on another property of his (Property B) to pay back the loan secured on Property A
However and in the meantime Mrs N had placed an injunction on Property B as well which scared away the lenders who would - understandably -not underwrite the loan on Property B to pay back the loan on property A. They can't be blamed since they saw legal papers putting an injunction on the Property B and did not want to land themselves into a troubled situation
The result was that Mr E could not pay the short term loan back,
... and the lender on property A took Mr E to court for non-payment and gained a Possession order on Property A and instructed Bailiffs
Now property A will be sold in auction with a massive loss and far below market value resulting from Mrs N’s disingenuous actions in blocking any transactions
This naturally would even decrease her percentage of the couples assets and hurt both herself and the husband
The question to the freelancer is to find a precedent or a ruling that enables the husband (the respondent Mr E) to sue the wife (the applicant Mrs N) for loss of earnings ?
Either that , OR: to find a figure that would be deducted from her part of the division of assets
E.g.:
1. The property was about to be sold for £700,000 but now it is being sold for only £500,000 in auction : a loss of £200,000. therefore the husband who is not to be blamed would be granted the difference : so initially it was £700,000 divided by 2 = £350,000 for each : now £500,000 divided by 2 = £250,000 only
However the husband (the freelancer should find a ruling ) should be granted the original £350,000 and she be granted £500,000 - £350,000 so only £150,000 for her (Freelancer: true or false?)
2. The husband has been forced to pay mortgage for a year between the sale that she blocked, and the time when the house was possessed by the short term lender .
So say the mortgage was £1,000 every month : that equates to 12 x £1,000 = (£12,000 ) also to be deducted from her share
3. The husband has had to pay energy bills every month as well : so say energy bills are £700 a month : that would be £700 x 12= (8,400) also to be deducted from her share
4. furthermore: to apply for the loan on Property A the husband had to pay (£700 surveyor & administration fee) but it did not go through because of her intransigence : so this must also be deducted - the husband is not to blame
SO:
Going though approximate numbers:
- the defendant husband would be granted £350,000 as though the original sale had gone through
the wife applicant would be looking at having her share of the sale £150,000 minus (£12,000) minus (£8,400 ) minus cost of application (£700) therefore she would be left in theory with £128,900
... is this a viable scenario, Freelancer?
and what are the laws governing this and is there a precedent? Or a Ruling ?
Taking into consideration that the husband worked hard to buy the property and was to be part of the marriages assets and for his children only to be needlessly to be squandered by the wife through her pig-headedness that the husband should not have to pay :its only fair