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?

It doesn't make any difference, though.

It doesn’t.

I just wonder if there’s a reason the revelation that the guy is a terrible husband has come after so many reminded OP she’s done well financially out of this arrangement already.

Ah, yes, good point.

OP is clearly not getting as much validation as she was expecting.

I can see why you and your father are so keen to avoid you having to do a financial disclosure.

So you own THREE houses and expect your dh to walk away with 30 per cent value of just the one. Who pays the bills in the other two houses? Or is there an income stream from renting them out that your Dad has been managing in your behalf to avoid taxes if they were in your dad’s name? It’s not your dad’s money is it, once he’s given it you, it’s yours, any income from the two other properties, is yours and part of the marriage assets so I hope your Dad hasn’t been managing rental income or secretly bought you other other assets etc.

The law would still be the same wether he was a twat or not, I’m going to take what you say in good faith and assume it’s true, but I also wanna ask is your dad on the controlling side too as he seems to have a bit of hold over you and seems to be the one if his motivation for purchasing you three houses and slashing so much cash on you was trying to hide his own money for whatever reason, and he’s now panicking that he could lose a lot of money or he caught out himself, it’s not your dh who is screwing your father over, it’s your father.

Why is your dad funding so much of your life?

Of course we dont own three houses
He bought and sold them consecutively to get to the house we are in now
Started out in a terraced , then a small semi , now the house we are in now

Ive read every comment and take everything on board. I understand and appreciate all of your points. I won't be commenting again as nothing further to add . I think ive hit a nerve with some people that im spoilt. I have had this forced on me over many years. Controlling parent and also controlling husband. Yes I have reaped the benefits and I feel very lucky to have had such security.
One way or the other it will resolve , and going forward once husband lives alone his Outgoings are going to double if not treble, which is why he has stayed with me so long. Im sorry most of you dont agree with this but its a fact that he will now have to pay a rent/mortgage. My Outgoings will also increase of course .

It could go either way. Hopefully he’ll be happy with the 20% that’s on the deeds. If not offer 30. If he doesn’t want that and fights he may or may not end up with 50. You might get more anyway due to having the kids living with you plus his higher earnings.

it’s all quite irrelevant who put in what. Legally they will just say that’s how you chose to run your marriage.

its good you’re going to see a solicitor. You say you have a controlling parent? Please see the solicitor without your dad if you can.

it’s telling that you say ‘they want me away from him as soon as possible’. You seem to take on very little agency over what should happen. Your dad decides the offer and you go along with it. Dad books solicitor etc.

have you thought of speaking to someone about this? It’s obviously tricky as you are reliant on your parents but for your own sake you need to try and create some separation. Good luck!

We have a male friend in similar situation, parents purchased house for him and his wife. His Dad paid the Wife a fixed sum and friend kept the house. He married again and again split with second Wife, his brother paid her off. I think both wives were relieved to get away from marriage with a cash sum. They were both short marriages, no DC involved. They did receive legal advice.

To be fair, it wasn’t obvious and when your dad is already clearly over invested in your current financial situation it isn’t such a leap to think that after listing all the other wealth you dad has given you such as holidays and cars.

I had my own extremely controlling father and spotted that it sounds like yours is controlling too, I did ask at the end of my last reply if that was the case. This post makes it even more obvious.

It sounds like you’re viewing your own property as still being your dad’s money. That very first house he chose to purchase and give you, is yours, in the eyes of the law it’s not your father who had sold and bought the second house, it’s you, because it’s yours, same with the second house, money from that sale is yours, not your fathers, and this house wasn’t bought by your father, it was bought by you.

My dad was very controlling but didn’t have that level of spare money, the most he ever gave me was £100 toward a sofa in 2001 and he held that over me forever, it’s really hard to breakaway from such men when they’ve made you dependent on them and when everything you feel about yourself has been instilled by the views of a controlling parent.

He is entitled to 50% and if he fights you for it, he will get it. It’s a marital asset and his behaviour is irrelevant for division of assets.

It’s not correct that he’s entitled to 50%

what is correct is:

the house is a joint marital asset.
as is any pension held in individual names, savings or other assets held in either sole or joint names.
all assets go in the pot for division.
both parties are entitled to a fair share of that pot.

numerous Factors come into consideration in determining a ‘fair’ outcome, not least length of marriage, earnings potential, housing needs of minor children etc.

the outcome can be 50:50 or any other variant although a court will try to get near 50:50 if possible

the declaration is likely to be put aside if it reached court.