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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:
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.

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.

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:
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?

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?

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?

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.

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.

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:
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.

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.

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

Timeforchangeithink · 22/05/2023 15:44

A owned house before marriage so B has no claim legally

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.

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.

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.

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.

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?

JulieHoney · 22/05/2023 16:36

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

determinedtomakethiswork · 22/05/2023 16:41

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

billy1966 · 22/05/2023 16:44

Get good legal advice, B is a shyster.

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?

Iyiyiiii · 22/05/2023 19:09

This is not UK.

So anything could happen....

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

MissAmbrosia · 22/05/2023 19:22

This surely very much depends which country you are in.

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