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What would my friend get if she divorced?

(13 Posts)
BlossomandBloom Sun 19-Jun-16 15:04:31

Newish friend- more of an acquaintance - but she's not happy in her marriage. Been married a year and her DH owns the house- won't put it in her name. They also have totally separate finances and contribute something each to bills. She seems to think that she would get nothing if they split up as she has contributed nothing to the house purchase (he might own it outright- not sure) but I think this is incorrect. I don't want her to stay there only because she thinks she will not get anything . Can she insist he puts it in joint names and what if he dies? He might not have left it to her in his will, or would she be named as his next of kin? They are both mid 40s with no children.

Pendu Sun 19-Jun-16 15:06:21

With all due respect , if it's his house from before marriage and they have been married a year and no kids, why does she want a slice?

Sounds abit grabby

Jelliedeels Sun 19-Jun-16 15:09:06

It's the marital home regardless of who has name on it.

She is entitled to something just not sure how much it depends on how long they have been married for and living together in that house.

Google has lots of useful information on it.

It's not grabby!

flightywoman Sun 19-Jun-16 15:12:24

No, she can't insist on joint names. If the house was his before the marriage, and he has paid the mortgage without her input then it's his. A short marriage and no children would be quite likely to lead to a judge considering the house as not part of the currency of the marriage for division of assets.

And to be honest, why should she get anything if she hasn't invested in it?

flightywoman Sun 19-Jun-16 15:14:48

And next of kin doesn't have a legal standing. If he's willed it to someone else she could challenge a will but there's no guarantee she'd get a share.

Jelliedeels Sun 19-Jun-16 15:22:16

It really would depend on how long they lived together in the house.

For example. If they had lived in that house for 10 years and only got married a year ago then it's different as she was a common law wife.

ThatsMyStapler Sun 19-Jun-16 15:22:35

depends on how much she has contributed to the relationship

ie - if they both work and they split bills 50/50, then she has had basically a rent free existance and deserves 0

if she is a SAHM, to their DC then maybe and small contribution for the amount of time she has been out of the workplace and looking after DC

also - you dont say how long they were together before they got married

ThatsMyStapler Sun 19-Jun-16 15:24:24

There is NO NO NO common law wife???

i dont want to sound harsh, but surely people cannot still believe this ??

If people want the rights that marriage give them, they need to get married

"Common-law spouses

Although the terms common-law wife or husband are frequently used to describe a couple who live together, these relationships do not have legal recognition."

meditrina Sun 19-Jun-16 15:52:27

As the marriage was brief, and up you don't mention Dc so I'm assuming there are none, then the aim of the settlement wil, be to restore each former spouse to their circumstances had the marriage never taken place.

Has your friend made a financial decisions that have reduced her earnings during the marriage, or made other major financial decisions based on the marriage (IYSWIM)? Because if so, that should be taken into account when dividing the marital assets.

What other assets are there?

She needs advice based on the full circumstances, not just the house.

BlossomandBloom Sun 19-Jun-16 15:56:44

She doesn't want anything- please don't have a go at me! I'm asking this for me, not her. She is being badly treated in the relationship and I thought maybe she was staying because she thought she'd get nothing if they divorced.

She told me that she didn't think she was entitled to a share of anything and she's fine with that. But I was surprised. I thought in any marriage there was a 50-50 or 60-40 division of assets regardless whose name the house was in, unless there had been a pre nup ( and even they are reliable) once a couple were married.

Jelliedeels Sun 19-Jun-16 15:58:45

How long did they live in property before marriage ?

expatinscotland Sun 19-Jun-16 16:00:58

Pre-nups are not necessarily recognised in court in the UK.

ThatsMyStapler Sun 19-Jun-16 16:17:57

why on earth would there be a 5050 / 4060 division of assets for a (possibly) short term relationship?

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