Can my dad pay husband off. Will judge agree to a simple financial/consent order?

[Lookingforward864]

My dad bought our house for us 100% but the house is in mine and husbands name. We drew up a declaration of trust with the solicitor 80% ownership me and 20% ownership husband. Husband didn't pay anything in, this was just a gesture of good will from my dad. On the land registry it says we are tenants in commen.

We are separating. My dad is willing to pay him 30% of the current value for him to leave. I think this is favourable. I then keep the house .

There are no other assets involved, no savings, I have no pension and he has quite a small on which im not interested in.

If we all agree, can we avoid a complicated financial order process , not fill in Form E financial questionnaire and just keep it very simple?

so why do neither of you have savings or pensions then?

My in-laws declaration of trust was not accepted by the court. They ended up with 50-50 in the end.

I suspect OP and her father know this is very possible, hence why her father is offering 10% more to leave.

So he hasn't had a free ride but you did, paid for by your Dad.

It's an enviable position you have been in with one man paying for your house and another paying all the bills, holidays, Christmas, new appliances.

How long have you been working and paying for lesser expenses?

Yes

and hopefully the husband will have his head screwed on and get legal advice himself

Yes if all parties agree this is possible, you would need a solicitor to draw up a consent order that both of you sign you then lodge with the court after you provisional order has been granted. As long as he’s in sound mind the court do not interfere

OP you’re the one who has had the free ride… your dad paid for the house, your DH paid all the bills and you… you haven’t paid anything of substance at all.

If your father hadn’t paid for the house presumably you’d have had to pay for half of all the bills like most women do? So your husband took over your 50% of the expenses in repayment for the house. So I’d say he’s earnt half the house by paying for it to run for 23 years.

Youre the freeloader here. You and your dad aren’t the same person

Financial orders do not have to detail everything as long as both parties agree, ours just said all money has been split amicably. I needed the consent order to officially split our financial affairs but not to actually sort it out.

Not true.

You're going to struggle with this. Marital assets exist in this country whether you or your Dad like it or not. Solicitors on both sides, financial disclosure, the courts will decide.

Exactly. Cake and eat it all the way through.

What are you basing this on?

Your solicitor will be more informed than Mumsnet. Have your meeting, then please let us know what they say.

To add, agreeing with your post, I'm actually really irritated by this whole scenario. I like a lot of women went through a difficult divorce where thankfully my marital asset rights were fully upheld by the courts despite my husband's more "privileged" and devious position because my contribution to 17 years of marriage was recognised by the legal system. Conversely, my now husband who divorced a long time ago was persuaded to take a payment from his ex wife's in-laws to "walk away" (Mummy and Daddy had spoilt her all her life and continued to do so) and knows now he was hugely screwed over. So I hope in this case the law is fair.

No chance

Solicitor needed. But you shouldn’t open negotiations with an offer to give him 30% of the value. Absolutely not. Offer less.

Can you explain how the OP would have run and maintained this house then without his contribution over the years?

If he agrees to a clean break then yes you get to keep the house and any assests

this is what we have done. House was mine. Ex paid nothing

if he didn’t pay anything - why even give him 30%

if in agreement I can give you a good online company

my divorce is costing £1200 ish - £612 for divorce then another 599 for the financial consent order - essential or he can come after you years later

think of all the mortgage free months /years he has had not to pay

And where would he have lived? I bet the cost of renting the house he has lived in for the past 20 years is more than he’s paid in bills. And he’d still have had to pay bills anyway. He has had a good deal here.

Agree with you and @WildMintPanda, except I’m not envious of this position.

I cannot imagine going through life just getting a series of men to pay for everything for me.

And the OP hasn't..?! Hope the husband gets a good solicitor.

Nor I. The resilience I've learnt is due to never being handed a damn thing on a plate and having to fight for everything, not be spoilt even through adulthood.

People are being weirdly harsh on the op here regarding her contribution given the couple have children and we have absolutely no idea how the childcare was split. Or even housework. It’s entirely plausible that the ops financial contribution was less because her parenting contribution was more. Hardly an unusual situation.

Well yes, but if I was contributing more to the financial upkeep of a house, I wouldn’t expect to come away with less of it.

That's because OP has come on here saying that her husband has not contributed so why should he get an equal share of their assets when in fact he has been paying all their bills and luxuries for years. None of them have paid housing costs but he has still contributed much more than she has financially, and that's what's being discussed.

No its not an unusual situation and I was in the same situation as the one doing the childcare and enabling my husband's career while I worked part time. But I do not agree that the husband should come away with way less!