Advice on Separation(5 Posts)
Writing this for my DB who is just starting on the road to separation/divorce from SIL and needs some advice. He is sole owner of the house they bought after they married and she has never worked or contributed to any of the bills. SIL has voluntarily left the house today to stay with family.
They've been married a decade + no children, no infidelity. He is super stressed and thinking she will hit him hard financially.
Is DB going to have to pay his way out of the marriage? (either through house sale or something else?) He's worried and I'm trying to help him through this.
Can anyone help/give some idea of where he stands?
How come she has never worked?
When you marry assets become joint assets.
I don't know what a court would do. Surely if she walks away with nothing rather than half a house that will be hitting her harder financially than he will be hit if he walks away with half a house instead of a whole one?
She has previously worked, but when she moved in with my DB in a new town, she gave up work, never to return again. No health reasons for not working - she has always wanted to stay at home to keep the house, despite requests from DB to get a part-time job to encourage her to get out of the house.
I've found this on gov.uk:
^The judge will decide on the division of assets based on how long you’ve been married or in a civil partnership, as well as your:
ability to earn
property and money
standard of living
role in the marriage or civil partnership (eg if you were the breadwinner or primary carer)
The judge will decide on the fairest way to divide the assets if there are enough assets to meet everyone’s needs.^
So DSIL has a limited ability to earn (no experience for the last decade), does that mean she'd get a greater share of the house if he had to sell it?
I'm keen to hear some detail around the factors above - I can't seem to find any online..
Post on legal.
No one will be able to tell you what she will get but she will be entitled to a fair chunk because of length of marriage and the fact she has not worked (and presumably no pension either) means her longer term financial outlook will be harder. i.e. she will be in lower paid work at the starting at the bottom, needing to build up pension etc
However, in your brother's favour there are no dependents, she is not therefore deemed a primary carer and needing to keep the house to house young children, so there is no reason why she cannot work and support herself going forward.
I do think it likely (am not a lawyer) that she will get a large share of the assets.
Your brother needs to seek good legal advice.
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