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AIBU?

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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:
Original poster
Iinn · 22/05/2023 15:07

DisforDarkChocolate · 22/05/2023 15:01

Fuck me that's complicated. I have more questions than answers.

I'd struggle to understand why B's adult children have any say/rights in this at all.

If A has not been equal with any help to their children that has nothing to do with this unless the children have shares in A's house based on how much help they got (or didn't get).

What happened to any property B had before they moved in?

Thats the problem I dont know why B children are involved.

B had 2 bed flat that was given to B1 and B1 still lives there.

OP posts:
Stompythedinosaur · 22/05/2023 15:07

Sorry, I've just reread the op and saw they got married. I'm wrong, if the house is an asset of the marriage, then they need legal advice about how it is divided.

Stompythedinosaur · 22/05/2023 15:03

The house belongs to A, I don't see why there's any debate. The housing arrangements of the adult dc aren't relevent. It is A's house and I assume they will pass it on to their dc when they die.

almondfinger · 22/05/2023 15:02

I hope B doesn’t have a leg to stand on. Did A& B not agree to ring fence pre owned assets at time of marriage?

SmirnoffIceIsNice · 22/05/2023 15:01

i can only say from a UK perspective. The fact you are married probably means B has some claim against the house s it's will be deemed a marital asset.

You can take the DCs properties out of the equation as they have nothing to do with the divorcing couples assets.

Where did B live before moving in with A? Did they have a property that was sold, and if so did they get any equity from it? In UK any assets (including properties), pensions, savings etc would be deemed part of the marital pot and split.

What do you mean when you say A's DC have shares in the property?

DisforDarkChocolate · 22/05/2023 15:01

Fuck me that's complicated. I have more questions than answers.

I'd struggle to understand why B's adult children have any say/rights in this at all.

If A has not been equal with any help to their children that has nothing to do with this unless the children have shares in A's house based on how much help they got (or didn't get).

What happened to any property B had before they moved in?

Original poster
Iinn · 22/05/2023 15:00

takealettermsjones · 22/05/2023 14:59

Was the house already owned outright before B moved in or did B make mortgage contributions?

A would be wise to get very good legal advice.

Own outright
B did not contribute towards the mortgage

OP posts:
Plexie · 22/05/2023 14:59

If this is a divorce rather than inheritance resulting from a death, I don't see that the children are relevant.

The law may be different in whatever country they're in, but it should be based on A and B having a 10 year marriage, what assets each of them brought to the marriage, what was accrued during the marriage, and whether A or B is dependent on the other for maintaining a minimum lifestyle.

takealettermsjones · 22/05/2023 14:59

Was the house already owned outright before B moved in or did B make mortgage contributions?

A would be wise to get very good legal advice.