Beneficial interest

[Julie1234566]

Advice please. Going through a very stressful divorce. Married 6 years. Sole owner of my house, although my dad and myself bought it together so I could look after him in his old age, but we decided just to put my name on the deeds.
So,,, the now ex has claimed beneficial interest and am so worried.
He has paid nothing towards the house, no bills, absolutely zero, but claims he worked full time on renovating it. This is a lie as we have all the proof of the companies we got to do the renovations.
The house has now increased in value by £600, 000 in two years and he wants half.
My poor dad of 85 is about to loose everything and obviously me.
Any advice please. I can't see mediation working on this either.

Advice please

Find evidence of your Dads contribution and any texts or emails on deciding how to register it.,

You need specialist advice. Its a relatively short marriage. You can prove his money didn't pay for the work. And your dad paid for a portion, did you buy it before you got married, are there kids etc. All that and the detail of it will all impact the outcome.

However, assuming it's in your name to avoid inheritence tax you could find yourself in a difficult position if you say the house is your dad's now and but then claim its always been yours when he dies.

No one can tell you the probable outcome.

Speak to a good divorce or property litigation lawyer asap. It sounds like you and your dad agreed that your DAD has a beneficial interest, which precedes any interest your husband may have. Do you perhaps have any emails / notes from the time that show Dad paid towards the house because it was partly for him?

You need an aggressive lawyer who will go after your ex for misleading the court (by claiming to have renovated a house when instead it was done by professionals) and for fraudulently claiming 50% beneficial interest when your ex must know that 50% of the beneficial interest already belongs to your dad.

A good lawyer here could make the difference between keeping 100% of the house or losing 50%.

So appreciate the replies. Thank you. So married 6 years to a narcissistic person. No children, except my three that always lived with me. Bought house with my dad 2 years ago, and ex saying he renovated it and my old house for free. As I said before we have all the companies that did the work, he just thought he was the boss. Above them!!. There is no inheritance tax in jersey so that's not an issue.
Do these sort of people actually get away with a beneficial profit when all he paid towards food was £40 a week. Surely they can't take half my share when they came into the marriage with zero?

Oh and I have all the evidence that dad paid his half, his demanding I pay for him to have a two bedroom house, in jersey that's around 500,000, which means u would have to sell my 3 generation home, dad would have to go into care and my children, I have no idea. I like the comment that was put that it's my dad has beneficial interest more than my ex and I will take that up with the lawyer.

No one can tell you what he will get. He may get something. I very much doubt anywhere near half.

When you marry your choose to, legally, share finances. Unless that's different in jersey as well. So, legally, some of the equity in house is viewed as his. What he paid per week isn't likely to influence it.

Is he claiming he managed the house renovations rather than did the work himself?

It's a short marriage, so you have a good case.

However, it's pretty obvious that the house was put in your name in order to avoid tax, and that is what will potentially come back to bite you. Maybe next time you'll learn from this.

There is no inheritance tax in jersey so that's not an issue.

If this is the case, what was the motivation for putting your dad's share of the asset in your name? Care home fees?

We put the house in my name, so that when he passes (his 85) amongst the grieving and things, this would be one less thing for me to sort out. . He is claiming he worked full time renovating the house, which is a lie as we have proof of all the companies me and dad paid. We were not avoiding tax, as we do not have tax inheritance here, we were just trying to make it easier when dad passes. We have to pay full care homes fees here. I just don't understand how a man who came into a marriage with nothing, paid for nothing, and 6 years later is demanding half. Life just doesn't seem fair.

Sorry to ask again, because it's not clear.

But you said he just thought he was in charge. Is he claiming he did the actual labour just managed the projects? It should be easy to prove he didn't do the labour. Managing, not so much. I am assuming he his claiming he did this as he was led to believe he had an interest in the property.

Who paid for the work? You or your dad?

As people keep saying he is unlikey to get half. But may get some.

I’d be getting every invoice, quote, text, any communication with the actual people who did the work on both houses. Write a list of the work done and who did it. Get print outs of your bank account showing payments out to various trades. Get your Dad and anyone else who can to write a statement saying what they saw in terms of the work. When you’ve done this get the invoices copied and send them to your ex. It takes a lot to establish a beneficial interest and if what you say is true I don’t think he stands a chance, it sounds like your ex is just lying and chancing his arm. Tell him that if he wants to establish it he will have to take you to court, you’ll fight him all the way and then he’ll be liable for your costs at the end of it when he loses.