Legal research in divorce: can one sue other?
Budget: £20 – £250 GBP
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, Mr E took out a secured loan on Property A, to be paid back when Property A was sold
Mrs N blocked the sale of the property so the property stayed unsold but with a loan on top of its mortgage
Of course the loan has to be repaid and within one year
So mr E tried taking out another loan on another property of his (Property B) to pay back the loan secured on Property A
However Mrs N had placed an injunction on Property B as well which scared away the lenders who would not underwrite the loan on Property B to pay back the loan on property A
The result was that the lender on property A took Mr E to court 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 actions in blocking any transactions
This naturally would even decrease her percentage of the couples assets
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 ?
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
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, Mr E took out a secured loan on Property A, to be paid back when Property A was sold
Mrs N blocked the sale of the property so the property stayed unsold but with a loan on top of its mortgage
Of course the loan has to be repaid and within one year
So mr E tried taking out another loan on another property of his (Property B) to pay back the loan secured on Property A
However Mrs N had placed an injunction on Property B as well which scared away the lenders who would not underwrite the loan on Property B to pay back the loan on property A
The result was that the lender on property A took Mr E to court 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 actions in blocking any transactions
This naturally would even decrease her percentage of the couples assets
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 ?
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