2 houses - 1 divorce - what happens?

C

Crea

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My parents are separated 20 years this year. As part of the separation agreement my father paid the mortgage and the family home was put in both names. My mother continues to live there. Although the agreement stated that my father was to maintain the house my mother has never asked him for any money for this. The house is now mortgage free. Just before the separation my father inherited a house only in his name, mortgage free which he lives in. My mother is now looking into getting a divorce so that she can claim for complete ownership of the family home. Is it likely that she gets awarded the family home.
 
Is your father happy with this? If Both parties are happy with the terms, the judge just rubber-stamps the agreement (unless of course it is grossly unfair).
 
I think my father will go thermo-nuclear over this tbh.
He will talk to me about it as we are close but if the judge is likely to give my mother the house I will advise strongly him not to fight it.
 
Oh dear, that would have been such a clear easy solution.

So did he pay the mortgage over the years, and not for house maintenance, or did he pay neither. Its not clear from your post, sorry.

If this gets dirty, your mam could go after the inherited house and the judge could order both be sold and proceeds split.

Really the best solution is a mediated agreement between them both prior to divorce hearing.
 
He paid 100% the mortgage. He didn't pay for the house to be maintained but wasn't asked for any money.
I know things could get very messy. All my mother wants is the house she is living in to be signed over to her. She doesn't want to touch his house or his meagre pension. Do you think there's a chance that the judge will be agree for the house to be signed over to her? If so, i'll try to push my dad into agreeing before things get awful.
 
Was it not written in the separation agreement what was to become of the house once the mortgage was paid off?

What if your mother does nothing but just carries on living as she does now?
 
The separation agreement stated that my mother could live in the house until her death where ownership of the house would go to my father. In the event of his death ownership will go to her. The house is currently in both of their names.
My mother wants full ownership of the house. She is getting older and is thinking how she could fund herself if she needed to go into a nursing home. She is on a non-contributary pension so money is tight. She would like to be in the position to sell the house and use that money to for her care in the future. Both houses are of similar value but my father sees the family home as half of his house given that he paid the mortgage and I don't think he'll give up his share to easily.
 
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