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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Inheritance one

34 replies

Iinn · 22/05/2023 14:53

Name changed, posting for traffic.

So the history is A + B are getting married, A has 3 school age children (A1, A2, A3), B has two adult children (B1 and B2)
B moves in with A and A children into A house.
Fast forward 10 years A + B are getting divorce.
In meantime
B1 got 2 bed flat after B moved to A and still lives there
B2 bought own 1 bed flat and is paying mortgage
A1 got 2 bed flat from A
A2 got 1 bed flat from A
A3 got 5% towards the house deposit and is paying mortgage

Now A wants to sell the house which A owns plus A children have shares in it.
Now B is saying B wants a share of the house which legally B doesnt have but lived in the house 10years and also wants something for B children.

The split of flats is already not equal before A + B were even getting divorce.

How would you share it?
This is not UK.

OP posts:
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justasmalltownmum · 22/05/2023 21:02

B gets diddly squat.

Daisypain · 22/05/2023 20:58

Marmight · 22/05/2023 19:45

I'd be fucked off if i was A3 and only got a 5% deposit while my siblings got a flat each 😳

What about B2? B1 gets given B’s ol flat but B2 had to fund their own?

OP did B get any money for the flat from B1? Did B sign the flat over entirely to B1?
because that would decide if B’s flat (now lived in by B1) counts as a marital asset.

Can see why B feels a bit homeless

Northernlurker · 22/05/2023 20:52

So B could move back to their flat?
I think a take out what you bought in approach is best here. They can both be housed.

Original poster
Iinn · 22/05/2023 20:38

Marmight · 22/05/2023 19:45

I'd be fucked off if i was A3 and only got a 5% deposit while my siblings got a flat each 😳

I mean yeah it is bit messed up.

OP posts:
Original poster
Iinn · 22/05/2023 20:36

jay55 · 22/05/2023 16:31

Was the flat actually signed over or does B still own it and just let their adult child live there?

B still legally owns it

OP posts:
Marmight · 22/05/2023 19:45

I'd be fucked off if i was A3 and only got a 5% deposit while my siblings got a flat each 😳

MinervaSaidThar · 22/05/2023 19:33

Are A and B getting married or divorced? I’m so confused 🤣

wistfullyfocused · 22/05/2023 19:27

Hang on, who died?

Hankunamatata · 22/05/2023 19:25

So in you country A house isn't regarded as a marriage asset?

MissAmbrosia · 22/05/2023 19:22

This surely very much depends which country you are in.

HerRoyalNotness · 22/05/2023 19:20

I’d assume that A children’s other parent died and that share is now A children’s share. did the house get protected by A when she married?
What is the general legal position there? That would dictate what happens. If I Was A and the law does not dictate the house is a marital asset I would not hand over anything at all to B or their children

Iyiyiiii · 22/05/2023 19:09

This is not UK.

So anything could happen....

Nomowmay · 22/05/2023 16:55

I don't understand what this has to do with inheritance!

Why on earth do Bs children believe they have any interest in the house if they haven't even lived in it?

billy1966 · 22/05/2023 16:44

Get good legal advice, B is a shyster.

determinedtomakethiswork · 22/05/2023 16:41

I really hope that B doesn't get a penny off A.

JulieHoney · 22/05/2023 16:36

This isn't inheritance, it's a divorce settlement. Why would the children be involved in this?

jay55 · 22/05/2023 16:31

Was the flat actually signed over or does B still own it and just let their adult child live there?

DisforDarkChocolate · 22/05/2023 16:00

I think A may have to come out fighting and look to make a claim for the flat B still has it as it's still an asset that has been maintained during the marriage.

Agapornis · 22/05/2023 15:59

I'd be pretty pissed off if I were A3 or B2 and my sibling(s) were just outright given a home and I had to get a mortgage. No rent to pay?!

Get a lawyer in the country you're in, or tell us where you are.

MessyBunny · 22/05/2023 15:50

If it was in British then B would rightly have a claim on the house. That’s the thing with getting married, assets do become shared. B wouldn’t be entitled to half but definitely do some if the home.

Nagado · 22/05/2023 15:47

I don’t think anyone can really give you an answer because nobody knows what the property laws are in the country they live in. Legal advice from a solicitor based in that country is really the only way to go.

Morally, B is a CF and should bugger right off.

Timeforchangeithink · 22/05/2023 15:44

A owned house before marriage so B has no claim legally

Muchtoomuchtodo · 22/05/2023 15:16

Nobody has died so how can it be about inheritance?

It’s a question about divorce which will surely depend on the law of the country that they live in. They’re better off getting legal advice wherever that is

Blanca87 · 22/05/2023 15:12

If A owned the house before they got married to B then B surely has no claim. I suppose it depends which country you live in will determine the legality of the claim.

SaveMeFromMyBoobs · 22/05/2023 15:07

Way too complicated. Anything not in As and Bs name is pretty much irrelevant unless it just happened. Take all assets in As and Bs names. Each are entitled to a 'fair share'. Not necessarily 50/50. If it was owned outright by A before marriage and B never paid towards it and didn't take a hit to earnings to facilitate relationship, A has a good case. If B has no other assets then B could be awarded something.

Say A owned 50% of house, kids own 50% shares, he could ask for some of As 50%. However, if B is still main owner of the flat B1 lives in, then A could also request money from that flat. If it's equal, they could do the right thing and just say they'll keep their own assets! Also pensions etc come into it. B may have a much bigger pension than A. If As is bigger then could give B some house to offset claim on pension.

It's not really just about the one house, its about parts of the whole.

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