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History: Home UK Divorce Forum
Non marital assets (2 Posts)
Started By:
27 February, 2017 09:25PM
Non marital assets
mrmachfisto - 27 February, 2017 09:25PM
Hi there. I wonder if anyone could give me some advice. My wife has decided to leave me. She has had a planned for a while. We have 2 children 5&2

It was all quite amicable. My wife wanted £25000 for me to buy her out of the house and £400 child maintenance. I would also have the kids 3 nights a week and every other weekend.

My concern is that I bought my mums house 5 years before I met her. I have been paying £260 a month interest only mortgage and my mother does not pay me any rent.

We agreed to do a Seperation Order for me to be able to get her the £25000 so she can rent somewhere to stay.

However, when I mentioned my mothers house. She started saying she wanted a share of it.

My mother has a right to live in this house for life. This was an agreement written up by a solicitor when I bought the property from her.

Does my wife have any rights to this property?
Re: Non marital assets
davidterry - 28 February, 2017 11:44AM
>>Does my wife have any rights to this property?

Well, unless your mother is at death's door your wife will find it next to impossible to force a sale of the property. On the other hand it is reasonably obvious that you bought this property because in due course you expect to benefit from it financially. You pay the mortgage and your mother pays no rent. You have paid the mortgage from your income during the course of the marriage. Therefore it is not quite accurate to portray this as a property you owned prior to the marriage.

Since you will ultimately benefit from this property and since there are two dependent children it is not necessarily unreasonable that your wife expects to be compensated in some way for this asset which you hold in your name. That is not to say that she is necessarily entitled to half or that she can force a sale but it is not something she ought totally to discount either.
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