Can my niece willingly walk away with nothing?

[happyless]

My niece is a free spirit and doesn't always think of the potential future impact. She has decided she wants a divorce (she has her reasons) and her husband has agreed on the following conditions:

50/50 custody of their 5 year old.
She signs the house over and he stays in it (90k equity).

She's going to need UC to pay her rent on a flat as she only works 20 hours p/w in retail and no savings.

She is going to apply for the divorce herself with no solicitor involvement.

Will this be allowed to happen? I'm really worried for her.

My auntie walked away from her marriage with nothing.
She didnt want anything she just wanted out without no faffing with who gets what who has more.
It was her choice she's never been happier, never married again.
Shes in Turkey at the moment.
But this was years ago.
Family thought she was stupid and didn't understand her thinking.
She said when you want out you want out.
Clean slate.

A family friend I once knew wanted out of her marriage.
And said she will leave with what she brought and put in to the marriage.
Everyone was telling her she should take him for everything do this do that.
To many trying to get involved.
She left with her clothes a few items and her half of the savings.
Some people just want out.

Some just couldn't understand it.
But the older i got them more I now do understand it.

I did as the deposit belonged to ex and he paid 60k off during our relationship (when I paid everything else). I could have taken 40% of those but didn’t. The house has made 10k equity and as ex paid off my debts when we bought it, and I also needed help from UC with rent as in the south east. So I just signed it over to him. I’d have only had to spend it on rent and it’s the kids inheritance so made sense. That was 15yrs ago and I don’t regret it.

This and also what pension does she have or him.

She needs to understand if she is taking UC that means every pays more tax or people that need it and can’t work for whatever reasons won’t get theirs.

She doesn’t need his agreement for a divorce - she applies. No fault divorce whatever. She will also potentially be paying CMS if ex has the daughter more.

Being a free spirt is a privilege for those with money. Their own or (more often) the bank of mum and dad. Tell her to give her head a wobble and think of her daughter.

I doubt UC would pay out for rent if she owns half a house that shes just walked away from.

Hi op she might be just desperate to escape or he could be threatening her but no judge would let this happen as it’s usually the woman who keeps the house she might think it’s a hassle but when she goes to make a claim to uc they will want to know all her circumstances and they might tell her they can’t pay her rent when she has a home or mortgage but as her aunty I would say to her she needs at least to see one solicitor for initial advise because the judge might presume she’s being controlled by her exh. She seems to think it’s an easy process but it’s not maybe offer to go with her she might be worried exh will make her suffer.

Universal Credit might see her refusal of the proceeds of the house sale as Deprivation of Assets, in which case she wouldn't be entitled to benefits for a period of time as assessed by the DWP

I think it sounds like he is deeply unpleasant and she wants to sever as many connections as she can as fast as she can. Especially with him being financially controlling ...something about having no money that is tainted by a connection to him ...Especially as he has made a big deal about HIS money 🤢
When you've been bullied like this its hard to get out of that mindset...once you've escaped you just want to be free (of him..even negotiations with him)

Free spirit is going to have to work more hours then! And with a potential £45k in the bank no social housing will touch you. Shared ownership is your only option. Probably why she doesn't want the money.

Ex DSS benefits worker here - deprivation of income rules will apply. She will be treated as if she has this capital asset, and it will ‘erode’ over time (not quickly) and benefit will not be payable until the figure is less than £16k (if that is still the threshold). Tax payers will not support her financially for her free spiritedness.

I’m curious as to how you’d know as a consent order isn’t specific about WHY one party is awarded what they get. What do you request as evidence?

If a judge were to sign this off it won’t state anywhere that this was what they requested or didn’t contest, it will just state who has what as part of the clean break order.

Staggeringly immature. She must get legal advice.

No the judge wont agree this as there is a child involved.

She needs sone legal advice as she is entitled to half of the house.