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Dsis situation. Where does she stand?

(5 Posts)
SirRaymondClench Sat 19-Dec-15 16:34:15

Spoke to my DSis last night about some problems she is having with her DH.
She is thinking that they might split after Xmas but hesitates to do so because she will be much worse off.

When her and her DH got together sis had debt from a previous relationship so had a poor credit rating. She had a house with previous P which she sold and with her half paid off her debts. In the meantime she moved in with her DH (they were not married at this point).
As her credit rating was so poor he applied for a mortgage in his name and bought a house which they both moved into. She says some money from the sale of her house went into the deposit but has no proof of this...Then a year later got married. They have no DC together although both have DC from previous relationships.
Her name is still not on the deeds or mortgage (I know..I told her!!) She says she has asked repeatedly to have her name added but her DH says he didn't want her poor credit rating to affect his so hasn't added her.
If they split where does she stand?
She works in his family firm (although on paper earns buttons) so when they split she will lose her job and home too by the looks of things sad
I am so worried for her and her DC but don't know what to advise!

SirRaymondClench Sun 20-Dec-15 22:49:43

Anyone?

FuckYouChristmasAndThatClaus Sun 20-Dec-15 22:54:58

If they're married it doesn't matter that her name isn't on the deeds. The automatic position is that all assets are jointly owned. Does he part own the business too?

Basically all debts and assets are added up and divided. It can be argued that pre-existing things are only owned by one of them, but they bought the house whilst together.

She should speak to a solicitor ASAP.

SirRaymondClench Mon 21-Dec-15 10:18:53

Thanks for your reply Chris.
He apparently bought the business from his father a year ago. It is a long standing family business and his father was due to retire so he bought it from him and added DSIS as a director and shareholder. Albeit a minor one.
I will tell her to get an appointment booked with a solicitor. Unfortunately with the Christmas period upon us it makes things tricky for a couple of weeks at least.

FuckYouChristmasAndThatClaus Mon 21-Dec-15 10:56:52

Then it sounds like she could be entitled to half the house and half the business as a starting point. When you're married you jointly own everything. if they can't come to an arrangement, then a judge would decide what was fair. She needs to find as much information about the business as she can (preferably full accounts) and speak to a solicitor. They can then help her work out where she stands.

It's a busy time, but essentially, she won't be trapped in an unhappy marriage. She can move on. It will be ok.

If she wants to talk more, there's always lots of support in the Relationship section. They can help with practicalities as well as the emotional side.

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