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Does he have a fair claim?

(38 Posts)
thegirlfromthehill Sun 29-Jan-17 13:02:01

Hi

I'd really appreciate opinions on this please, and the benefit of anyone's experience, if you have had dealings of this nature re: divorce.

Since 2012 I have owned a third of my mother's house worth approx £90,000. It was gifted to me by my parents. My father died two years ago and my mother is 86 and happily still living independently in it. She owns the remaining two-thirds share.

AS part of divorce settlement STBXH husband is trying to claim £50,000 of my third of my mother's house, arguing that it is a matrimonial asset. Marriage broke down in 2014 after 18 years.

Would you love to know what everyone thinks? Does he have a fair claim or not? Should this be regarded as a matrimonial asset or a non-matrimonial asset? Thanks for your thoughts.

caroldecker Sun 29-Jan-17 13:14:55

Legally it is a matrimonial asset.

ChicRock Sun 29-Jan-17 13:16:26

I think it absolutely should be regarded as a matrimonial asset.

Legally, I couldn't say for sure.

CactusFred Sun 29-Jan-17 13:17:10

If you were together at the time of the gift then yes he's legally entitled even if not morally. Sorry if that's it what you wanted to hear.

Costacoffeeplease Sun 29-Jan-17 13:17:40

I believe it is a matrimonial asset, however, why does he feel entitled to more than 50%?

meditrina Sun 29-Jan-17 13:18:03

Yes, it's a matrimonial asset and you need to take legal advice in the light of all aspects of the financial settlement.

Wishforsnow Sun 29-Jan-17 13:19:33

Not sure why he would want 50k not 45 as that's more than half

ChicRock Sun 29-Jan-17 13:20:22

Costa I'm guessing it was worth £90k in 2012 when op inherited, so he's assuming the property has risen in value since then.

FinallyHere Sun 29-Jan-17 13:20:49

This is an argument in favour of family assets being put into a trust, instead of outright gifts.

How was it gifted? Could you fund a solicitor willing to back date the relevant documents, with a convincing story why the land registry was not informed of the trust?

ThisIsStartingToBoreMe Sun 29-Jan-17 15:43:19

Yes. It should be regarded as a matrimonial asset

Blistory Sun 29-Jan-17 15:52:53

Presumably you are in England or Wales ? In Scotland it wouldn't be considered as a matrimonial asset at all.

I think you have a strong case for arguing that it should be subject to an uneven split to better reflect the true position of the parties. That supposes that the remainder of assets are split fairly in the context of your marriage.

user1485703469 Sun 29-Jan-17 15:56:37

It's a matrimonial asset as what's yours is his, you would be entitled to the same if it was the other way round.
If you are worried about losing assets then try and work on your marriage and reconcile, marriages are supposed to be for life, even when things get hard. It's not too late to stay together.

DPotter Sun 29-Jan-17 16:03:08

User.......69 - inappropriate comment re reconciliation. We have no information on the reason for OP's marriage breakdown. It may have been OP's husband who instigated divorce proceedings. Unwise the jump to conclusions

DPotter Sun 29-Jan-17 16:03:39

Unwise to jump to conclusions

user1485703469 Sun 29-Jan-17 16:05:43

Comment was completely appropriate, both parties in a marriage agree jointly to stay together for the rest of their lives for better or worse. Both sides have a responsibility to do all they can to remain together, regardless of the situation and regardless of who instigated the divorce proceedings.

DPotter Sun 29-Jan-17 16:09:13

We will have to agree to disagree User.

donajimena Sun 29-Jan-17 16:10:16

Utter tosh user

user1485703469 Sun 29-Jan-17 16:11:31

That's what a marriage is, that is fact, did you not realise this is what marriage means? If you cannot keep your vows then marriage isn't for you.

throwingpebbles Sun 29-Jan-17 16:13:14

Ignore user

You need to seek proper legal advice thegirl .

throwingpebbles Sun 29-Jan-17 16:13:56

You have no idea why they split user. Stop derailing the thread

pullingmyhairout1 Sun 29-Jan-17 16:16:00

The op asked for a factual answer on the question she posed. She didn't ask for the meaning of marriage. I suspect most people enter marriage believing 'until death do us part'. If only in some cases!

user1485703469 Sun 29-Jan-17 16:17:39

OP does not want to lose her matrimonial assets, one solution to this is to stay married, how controversial...(!)

understandnothing Sun 29-Jan-17 16:19:41

'If you cannot keep your vows...' So a woman should stay with a spouse who breaks vows to love and cherish by being abusive or unfaithful or a gambler, liar or alcoholic? If one person decides to act badly why should another person suffer until 'death us do part'?

What is it like, back there in the 50's User?

Sorry to derail your thread OP.

user1485703469 Sun 29-Jan-17 16:24:22

Both parties commit to working on the marriage, no marriage is perfect and sometimes can be one sided, but working on it is a reasonable option and means not losing marital assets.

RandomMess Sun 29-Jan-17 16:33:52

Bit odd that he is demanding more than 50%... yes it's an asset of the marriage, I would get 3 valuations and then deduct selling costs and then it's 50% of that third share so less than £50K!

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