Does he have a fair claim?

[thegirlfromthehill]

Hi

I'd really appreciate opinions on this please, and the benefit of anyone's experience, if you have had dealings of this nature re: divorce.

Since 2012 I have owned a third of my mother's house worth approx £90,000. It was gifted to me by my parents. My father died two years ago and my mother is 86 and happily still living independently in it. She owns the remaining two-thirds share.

AS part of divorce settlement STBXH husband is trying to claim £50,000 of my third of my mother's house, arguing that it is a matrimonial asset. Marriage broke down in 2014 after 18 years.

Would you love to know what everyone thinks? Does he have a fair claim or not? Should this be regarded as a matrimonial asset or a non-matrimonial asset? Thanks for your thoughts.

I don't believe it's non matrimonial property, and as such is capable of being ring fenced in the divorce. I assume there's some provision protecting your motger's right of occupation?

Your interest might have an impact on any argument you might raise as to your needs, but even then, I cant see how a court could say the share in the house is capable of meting your needs, since you can't use it now.

There are no guarantees, cases are very case specific, but nothing in your post would make me think you should concede the point.

Argh! I don't believe it's matrimonial property.

In England, isn't any gift like that subject to tax if the person giving it dies with 7 years? This obviously isn't a pleasant thought but if your mum were to pass in the next few years you may have tax to pay so it may not be 'worth' £90k. I'm absolutely not an expert but I think you might need to speak to a solicitor or financial advisor to clarify.

How is it not an asset to split?

Hopefully there's enough cash so as not to force a sale...:(

Good point DrWhy. There is a taper each year on the anniversary of the gift of the inheritance tax.

it should be ring fenced.
you need to speak to ur solicitor.

he may be entitled to something, a few thousand. but certainly not £50k

my parents have just finalised a long and complicated divorce. there really are no set rules. there will be many determining factors, your parents still living in it will be a massive one. they won't be penalised for giving a gift.

only your solicitor can sort this. don't panic yet.

User so a woman should put up and shut being raped,beaten,abused sexually,emotionally and/or financially because marriage is for life?

It would clearly not be just to force an elderly woman to sell her house because her daughter is getting divorced. What does you solicitor advise op? Presumably you are claiming every penny of his pension entitlement you can as well?

User........69 you have no idea of the situation. Marriage can be ended that's why divorce was invented! Everyone has a right to change their minds!

I think op is best off speaking to a solicitor as it's an unusual situation as it's your mothers hone as well as an asset

Fidelia - I agree

It is a matrimonial asset, however as your mother lives in it and owns 2/3 this may affect his claim, he does have a right to a claim though!