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Topic:
Divorce Settlement if Living in a house with My Mother (13 Posts)
Started By:
Date:
15 February, 2018 03:59PM
Divorce Settlement if Living in a house with My Mother
abayaz - 15 February, 2018 03:59PM
Hi,

I'm getting married to a girl later this year.

I'm currently buying a house for me and my mother. My fiancee has nothing to do with this purchase - she is not contributing any cash or financing/mortgage to this purchase.

The house would be completely in my name.

After I am married, I am planning to live with my wife in one of the floors of the house, effectively splitting the house in two, but not *formally* doing so.

I would like to understand the risks around the house in the event of a divorce.

Would my wife have any rights to the property at all? And if so, to what extent? And what can I do to protect myself?


Let's assume that we do not have any children for the purposes of simplicity.
Re: Divorce Settlement if Living in a house with My Mother
davidterry - 15 February, 2018 05:57PM
I would suggest the girl takes legal advice and considers very carefully whether she really wants to marry you.
Re: Divorce Settlement if Living in a house with My Mother
Andyk - 16 February, 2018 07:46AM
The simple answer - don't get married. Marriage is a partnership, if you are thinking at this point about how you can keep assets away from your wife then it sounds to me like marriage is not for you. Are you envisaging that this marriage might not last very long?



Edited 1 time(s). Last edit at 16/02/2018 07:47AM by Andyk.
Re: Divorce Settlement if Living in a house with My Mother
abayaz - 16 February, 2018 08:43AM
Please refrain from judging guys. To be honest I can't go into the details of why I'm getting married and why I have these concerns. I was purely asking for unprofessional legal advice... if anyone is willing to provide it, thank you.
Re: Divorce Settlement if Living in a house with My Mother
Andyk - 16 February, 2018 08:59AM
Not judging, merely pointing stuff out. You should be getting married for love, if it is for anything else then it sounds a bit dodgy.
Re: Divorce Settlement if Living in a house with My Mother
Willapp - 16 February, 2018 09:25AM
Ok since you asked for unprofessional advice (I am NOT a solicitor), I'll give you mine based on research I've done into my impending divorce. Supposing you go ahead with your house purchase (and marriage) and at some point later you do end up divorcing, this is what I believe you could expect:

1) If you were to have any children, their needs are put above your own and any legal agreements you might try to arrange to 'protect' your house. Your child(ren) would need somewhere to live and if that meant the primary caregiver (often, but not always, the mother) needed to stay in 'your' house then that is what could happen. You may end up having to live elsewhere at your own cost.

2) Supposing you don't have children, it then depends greatly on the length of the marriage (and relationship prior to marriage), plus other factors such as you and your wife's earning ability, health, age etc. For example if the marriage were short and you were both fit and able to work, then yes it's possible she would have little claim over the property.

If the relationship goes on longer (there are no fixed thresholds, but let's say 10+ years) then your situation becomes more complex. She is likely to have an entitlement to some of 'your' assets regardless of whether she has contributed to the mortgage, bills etc. simply because she may depend on you financially for a period of time after you divorce. You will have to fund this somehow, either via Spousal Maintenance (i.e. a monthly payment) or you can effect a 'clean break' by paying a lump sum to her.

Again in this situation a court would look at your respective needs and ability to satisfy them: you both need somewhere to live and the means to pay for such accommodation and living expensive. If the result of this is that you had to pay her say £50k so that she could fund a deposit for another house, you could end up either having to sell your property or re-mortgaging to release equity to pay that amount.

This is just my opinion but as you will see it's a complicated scenario, but what you should take from this is that no there is no way you can protect yourself and your property from any future claim by your wife. The other posters were not joking when they suggested that if this is your primary concern, *not getting married* is the safest solution. Cohabiting partners have significantly less legal protection when relationships end.
Re: Divorce Settlement if Living in a house with My Mother
davidterry - 16 February, 2018 11:39AM
>>To be honest I can't go into the details of why I'm getting married and why I have these concerns.

No, and it is precisely because it looked as much that I for one am not prepared to give advice in this situation. There is clearly more to this than is being disclosed and what is being disclosed is not especially attractive.

Unfortunately for you people are entitled to judge. If a person says the earth is flat that does not mean that everyone else is obliged to keep quiet.
Re: Divorce Settlement if Living in a house with My Mother
abayaz - 16 February, 2018 01:25PM
You can do what you like mate... but you're wasting your time because the truth is that I couldn't possibly care any less about what you think.

I'm just asking for advice from those willing to give it.

Thanks Willapp!

Any other helpful advice is welcome
Re: Divorce Settlement if Living in a house with My Mother
Andyk - 16 February, 2018 02:30PM
Sounds like a Sham Marriage to me - just saying.
Re: Divorce Settlement if Living in a house with My Mother
davidterry - 16 February, 2018 02:44PM
>>I'm just asking for advice from those willing to give it.

I think you will find that all solicitors are officers of the court and as such their duty to the court always overrides their duty to a client. Therefore if a client or a potential client asks for advice intended to thwart the jurisdiction of the divorce court a solicitor should not give that advice.

In this case the circumstances of the marriage are clearly suspicious and therefore I would be very surprised if anyone else was willing to give advice either save to say that you are approaching this marriage in a way which does not attract sympathy.
Re: Divorce Settlement if Living in a house with My Mother
rickoshea - 16 February, 2018 03:12PM
abayaz Wrote:
-------------------------------------------------------
> You can do what you like mate... but you're
> wasting your time because the truth is that I
> couldn't possibly care any less about what you
> think.
>
> I'm just asking for advice from those willing to
> give it.
>
> Thanks Willapp!
>
> Any other helpful advice is welcome

Posts on a legal forum hosted by a qualified solicitor seeking opinions......

Tells qualified solicitor they are wasting their time.....

*doffs cap*

Good luck, you'll need it seemingly
Re: Divorce Settlement if Living in a house with My Mother
Maddie - 19 February, 2018 11:10AM
your poor fiance!
Re: Divorce Settlement if Living in a house with My Mother
wolv3rene - 28 February, 2018 12:57AM
Your wife will get half of everything, maybe more.
That’s marriage, you share everything.

How can you protect yourself, not sure if it’s you that needs the protection, sounds like your future wife needs it, not many people talk about divorce when looking to get married.
Maybe you should marry your mother instead.
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