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Property used as Capital but ex wife still living there

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Total Posts: 42

Joined: 17 June 2010

I recently had a tribunal where client awarded AA and will now be due PCG.  Unknown to me when he made claim he told PC he and ex wife owned the former marital home but they are divorced and she still lives there.  They asked him value of property and he said ” I guess about £110.000 but he doesn’t know as they do not speak.  She regards it as her home and no intention of selling.  He was disallowed and I put in a Man Recon quoting CH/4417/2013.  It has come back still refusing on the grounds of what he said as to value stating valuation is not required also they have not commented at all on Case law.  Am I on the right track?  Looking to put good grounds of appeal forward basically can a half share of a home be sold?  It is not known if there are any secure loans on the property or what kind of state home is in etc

ClairemHodgson
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Solicitor, SC Law, Harrow

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Joined: 13 April 2016

you are. discussed many times before.

given they are divorced, there should be an order as to what the court decided about the former matrimonial home.

you need to know what the net equity is, since a value on the open market is not the same as a value after paying off the mortgage

you need to know whether wife can be compelled to sell, depending on what the order says.

and fundamentally - it can’t be sold unless vacant possession can be given, no one is going to buy a house with someone living in it unless that occupant has a tenancy.

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Total Posts: 42

Joined: 17 June 2010

Thank you I do not understand why DWP cannot look at these issues I have been successful at Tribunals with these cases if only it didn’t have to come to that