Pre-marital assets

[Prometheus]

Re-posting here from chat as I had no response:

Posting here for traffic. Sister has been married for only 7 months. Due to issues on both sides they are now splitting up. Her husband has turned really nasty.

They had been together for 4 years before marriage and she moved into his house (in his name). She paid half of bills and mortgage and
they bought furniture etc together. Her husband has had legal advice saying that she is only entitled to half of everything purchased since marriage.

She doesn't want a share of the house. She simply wants half of all furniture and assets purchased jointly since they lived together so she can set up home (eg take one if the beds they bought together before marriage). Do you know if she entitled to this?

She has literally no money so cannot walk away from all the stuff they bought, empty handed after nearly 5 years. Solicitor wants to charge £120 to give her advice and don't offer free half hour. She can't afford this.

Her husband is getting nasty (tried to strangle her, pushing her, constantly yelling at her). I told her to just pack up half the stuff they brought together and run. Does anyone know what she should do please and if she can do this? Thank you.

[Nappaholic]

Your poor sister.

It sounds as though she may be able to seek legal aid, if there is recent evidence of domestic violence. However she will need to act reasonably quickly.

I'd suggest she sees a different solicitor - a local women's aid or domestic violence unit may be able to recommend someone with a bit more of a clue! And reporting the incidents to the police would be a good start!

Strictly, nothing should be removed from the property without agreement or a court order, although I am constantly frustrated when this is flouted, as there is practically nothing the other party can do when one party does a flit with joint goods. The value of the items is almost never worth the costs of litigation, and the police usually just say it's a civil matter and won't get involved.

Good luck.

[STIDW]

If it is unsafe at home your sister should leave and report any incidents of domestic abuse to the police. She would be eligible for legal aid if she has the type of evidence below;

criminal conviction
police caution
ongoing criminal proceedings
protective injunction
an undertaking
letter from a Multi Agency Risk Assessment Conference
finding of fact, by a court
letter from social services
letter from a GP, doctor, nurse, midwife or healthcare professional
letter from a domestic violence refuge
Evidence of criminal convictions for a domestic violence offence

Otherwise legal aid isn't granted these days.

If she can find a solicitor who offers a first free appointment she won't get much advice - just a run down on general procedures. However if she cannot raise the funds to pay a solicitor and her husband has the resources she could find out if applying for a legal services order where he pays her costs might be appropriate.


It isn't as straightforward as her only being entitled to half of everything purchased during the marriage as her husband would have her believe.

The duration of the marriage is only one factor and there are several others to take into account when sharing assets. In fact these days cohabitation before marriage can be added to the length of the marriage, so the nature and duration of the relationship rather than just the marriage is relevant. Usually the former matrimonial home is considered a family asset regardless of the length of the marriage and who paid for it, or when.

The principle of each party taking out what they brought to the marriage and sharing any increase in value of assets during the relationship may be trumped by "needs" in particular for housing. That means it may be possible for your sister to claim something towards the costs of rehousing and readjustment.

A judgement call needs to be made whether it's worth the potential costs to pursue a financial claim but your sister really needs legal advice to make an informed decision.

[Ss770640]

She is entitled to 1/2 of everything built up during marriage.

Simple.

Things bought before are owned by the person who bought it assuming they can prove it.

[FawnDrench]

Another zombie thread.
STOP IT!

[MissedTheBoatAgain]

She is entitled to 1/2 of everything built up during marriage

This myth never dies on MN. Assets accumulated during the marriage will be considered joint, but how they are split in a divorce will take into account many different factors that are too long to list.