any lawyers/solicitors around?

[nappyaddict]

basically my mum has gone a bit crazy and has split up with my DSD (darling step dad) to go out with someone she was with years ago. personally i think she's having some sort of mid life crisis because i do not trust this man as far as i could throw him. he fills her head with all sorts of rubbish, which she believes to be god's word and has now talked her into selling our house and buying another one and also apparently they have plans to get married. i was worried he would then divorce some time letter and ask for half the house. when i spoke to him about this he said he was willing to sign a clause or something that said if they got divorced he would not be able to ask for half of the house. is he talkin rubbish or does such a thing exist? i always thought things like prenups meant nothing in england?

later rather not letter!

sorry not a lawyer.
similar thing has happened to a familly member
but you are right... such a clause does not exsist... Im guessing your mum is the one with the money?if he contributes a penny to that house even with food.. going out..any bills etc then he has a claim on that house...(and his next of kin if he dies before or after your mum)best thing to do?
have a look on your house insurence or car insurence and see if you have a free legal advice section...phone them,outline concerns and then youll know if its time to drag your mum into a solicitors office,yes expensive but might be cheaper in the long run..good luck

so even if he doesn't pay anything towards the mortgage or the bills but say i dunno pays for repairs or things for the house or food then he could claim. you know the worst thing she has told me she's been to a solicitor and he was the one who told her about the clause. i suspected she was just saying it to fob me off though. it annoys me, yes my dad was a pretty crap husband, but my step-dad is fantastic and he has ended up with nothing. he is 18 years older than my mum so should have retired a few years ago but didn't so we could live where we do, and now he will have to continue to work to afford somewhere for himself. makes me sick to the stomach! hmmm i think i went off at a tangent lol.

Is your step-dad married to your mum? If so, then he has a claim on the current property. If not, then he's snookered.

Your mum can purchase another property and keep it in her name, but, if she marries this other chap, then he will have matrimonial rights in respect of the house, albeit probably not to the extent of 50%.

hi nappyaddict
under English law, prenuptial agreements are not enforceable and the courts are hsappy to ignore them in a divorce case, because divroces are not contractual cases, they are about the needs of the family and all that. but the courts will take them into consideration in the division of assets.
so you couldn't rely on them in the case of a divorce.
sorry for the worry for you

If she is about to buy a house with this man, even if it is in joint names, they could agree to hold it as tenants in common and have an agreement drawn up to reflect the different contributions they have put in and agree that if they split up each takes out his own contibution. If they subsequently get divorced the family court can overturn that agreement and make whatever order it wants but if the marriage is short(which it sounds as though it might be!) the court would be likely to take notice of the agreement and award your mum more that her dh to reflect her greater contribution.

Hope this helps

okay and what if they didn't get married? does he have any claim to the house then if they split up?

In that case if they buy a house together in joint names and don't agree to make a formal arrangement to reflect different contributions in to the purchase of it then it's a simple 50/50 split on sale,.
If your mum buys a house in her name and he contributes into the mortgage and/or pays for major structural works etc then potentially he can claim an interest in it but he would have to take her to court to get a court to judge how much his interest would be worth.

so if he paid for say the kitchen or bathroom in the house to be done or he paid for any redecoration etc he could claim some of the house?

it would have to be more major than that; enough to warrant him taking the risk of going to court.

oh right so if they are not married it has to be something major but if they are married he doesn't have to essentially put any money into the house to claim some of it? also if they are not married then does this agreement thing that he can't claim anything count?

yes, yes and yes

okay now on to my step-dad. they are not actually married but have been together 18 years. there have been no major structural works done to the house but he does pay the mortgage each month, although it is in my mothers name. does he stand to be able to fight for any of the house or not when/if she sells it?

Yes, as he has paid the mortgage he has a claim - he would have to prove it . I don't know if its worth pursung because don't know all the details. He should definitely get advice

thanks very much for your advice. i am going to tell my dad to see a solicitor next week.