Would I have a claim on assets in his name?

[Stopthechoc]

My DH and I are I think reaching the end of the line in our marriage. Financially I would be ok, I’m the higher earner and also have savings. We own our house together, he put down the bulk of the deposit but I’ve always paid half the mortgage. He also has 2 small houses he rents out, bought with money gifted to him by his father. If we were to divorce would I have any claim on these 2 houses bearing in mind they are entirely in his name? I wouldn’t actually want them but I would want to use them as leverage so I could stay in our family home with the DC without having to buy him out.

How long have you been married for and how old are your children?

Of course, all assets usually in pot

How long you been married though? And how long has he owned the spare houses?

If he's got them very recently he may argue more

I think all assets in a marriage are joint assets, no matter whose name they are in. So he would have a claim on some of your savings too.

We’ve been married 15 years, DC are both under 10. He’s owned the houses for about 3 years.

im not fussed about splitting my savings, I have £20k and I’d happily give him half of that in order to keep the house and not disrupt the DC.

He is an angry man though and can be very vindictive so I just want to get an idea of what I might be letting myself in for.

Inheritance is very different and as this is recent due to his fathers death then there is a very high chance a judge would exclude, as morally you wanting his dads money too is not often perceived as a positive. Putting it politely.

"Gifted to him" doesn't sound like inheritance and if he's used the rental income to somehow indirectly contribute to the family pot/expenditure it would weaken and inheritance ring fencing claims in England/Wales.

@Activelyannoyed his father is still alive and in excellent health, the money was given as a gift I suspect to beat inheritance tax. I don’t actually want the houses, they will go to the DC at some point so it’s not in anyones interest for me to stake a claim on them. I just wanted to know if they would be joint assets that I could bargain against in order to keep the family home.

If you carry on as per your current thinking, you will lose out.
You really need to 'lawyer up'. Get yourself a solicitor who is experienced in divorce law. It can make a huge difference to your final outcome.
He, at the least, needs to provide for your DC, but might also be liable for maintenance for you, depending on the set up of your household (especially if you are a SAHM to facilitate his career).
This is where a good divorce lawyer can advise you.

And this is why people who think they're being clever by giving assets to their children in advance of death are often not so clever after all.

Don't rely on "one day they will go to the DC" what if he remarries and/or had more DC?

I've too often seen 2nd wives get the lot and DC from the first marriage get nothing.

Who the houses would go to long term isn't set in stone, if he re-marries then they would go to his new wife if he doesn't have a will 8n place.

I only say this because my mum died, dad re-married then died 3 years later and there was no will so everything went to his wife. Me and my brothers were essentially dis-inherited.

@vipersnest1 i earn three times his salary, there is no way he’d be paying me maintenance. I also doubt he’d go for 50/50 but couldn’t be 100% sure. I would be financially fine on my own, probably happier too but my best case scenario would be to keep our family house.

@FatAgainItsLettuceTime thats awful, I’m sorry you and your DB are in that position.

My husbands Dad remarried and everything went to her when he committed suicide, his two sons got nothing. So don't assume your children will get anything from those other houses. Get a lawyer x

I don't know the legalities around the houses, but if you did use them as leverage they would no longer be your childrens' inheritance as that would be his share of the pot in lieu of the house, if it worked out the way you hope. He'd have to live in one or sell them to buy his own place to live.

Re. maintenance, it's irrelevant what you earn if he had the children less than you, he would have to pay maintenance to you for their upkeep. That's based on his earnings alone. You wouldn't get anything if it's 50/50 shared care, and you'd pay him based on your earnings if you had the children less than he did.

Get proper legal advice, and don't assume anything.

Get proper legal advice, and don't assume anything.

This should be the advice every single time!

If we split I know that he’ll quit his job and live off the rental income from his property (assuming he’ll live in one of them). I’m not relying on him for anything useful in the way of maintenance as he won’t be earning anything. I’ll be on my own, that’s why I want to keep the house.

@MrsTerryPratchett trust me I know I need proper legal advice but I’m lying here unable to sleep with lots of questions going around my head!

Good call!

The rental income is still income! All the more reason to go for a clean break with as large a slice as you can get.

Hopefully he will step up and be there for the DC.

They may go to your kids. Or he may remarry, have more kids, and leave them to his new family, especially if he is a very angry man.

This. I've seen it happen so many times.

i earn three times his salary

Don’t forget about pensions.

If you earn three times his salary, he may have a claim on your pension.

What's the value of the rental properties vrs the family home? You could strike a deal you get the family home free and clear he gets them free and clear

But it doesn't sound like he will be nice about this