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.

The rental properties are probably worth about £25-35k less, however they do bring in an income so I’m not sure if that would form part of the calculations.

For those mentioning pensions we’ll probably have the same amount when it comes to retirement. Without going into details he has regular money coming in from a compensation. Hopefully that means we could make a clean break, especially if I am resident parent etc.

The rental properties are probably worth about £25-35k less, however they do bring in an income so I’m not sure if that would form part of the calculations.

Income is income.

he has regular money coming in from a compensation

Potentially also income.

How sure are you that his father gifted the houses? I’m surprised this still happens as he would know that if you separated the family could lose the houses. They may be in the kids names? I would check that out first.

@Stopthechoc - you need to gather AL financial documentation for the both of you and see an experienced family solicitor. Bank and investment statements, property deeds and mortgage statements, pensions, tax returns, P60s - everything.

Read up about the divorce process☆ before your appointment. Draw up a list of assets and make a list of questions so you can make best use of expensive lawyer time.

☆ Wikivorce, Divorce for Dummies and other books, and check family law firms' websites.

You may have a claim on the houses as they will be considered part of the marital pot.

HOWEVER, you could use them as leverage to stay in the home - financial remedy is about needs - if he has access to two properties then realistically he could live in one, therefore leaving you to stay put.

Consider also pensions, debts and savings all go in the pot.

It sounds like they would be yes.

Pull all the joint financial info you can an go see a solicitor who will be able to give you an idea of a split and how you can negotiate.

Only discus it with him once you have a plan.