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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

separation/community of property help or advice needed for DBIL

3 replies

stealthyfootsteps · 02/06/2012 15:08

Have NC for this. I'm not sure if I'm posting in the right place, perhaps I need to post this in money matters? oh well feel free to tell me if I've got it wrong Smile

Bit of a back story first so as not to drip feed.

BIL and SIL been married 10 years and separated 2 years ago.
She wanted the spilt, started seeing someone else and he moved out, leaving it to her and their dc to live in.
Having had years of experience with her as a family member, we know her to be manipulative and a money grabber while BIL is a softie (a softie that imho needs to suit up but that's another story).
No serious divorce talk has come up yet. They still own the house together but BIL is talking about giving it to her, as in his words 'it's for dc anyway' which would be another story altogether

Okay, so here's the predictament.
My PIL's are wanting to downsize and sell their family home and their 3 ds's (my DP, and my 2 BILs) are on the deeds of the property.
Youngest BIL isn't a factor with this as he is single.

So with BIL being separated, am I right in thinking (regarding marriage and community of property/British law) that SIL is entitled to monies/shares that BIL has?
Does anyone know if or why SIL would need to sign etc for the house to be sold if it is in the three ds's names?
If the PIL's house is sold before they start divorce proceedings does that mean she would get half of his share?
It is none of my business what he does with his money, but DP and I love him and want to protect him. She can be a nasty piece of work and he is generous, if a little naive and will do anything to keep the peace.
We are worried he's going to end up with nothing while SIL lands with bum in the butter once again.
What advice can I give him? He really needs to protect himself financially and it makes matters worse that he lets her do all the scheming organising Sad

OP posts:
Corgito · 02/06/2012 16:04

Your BIL really needs to talk to a solicitor and get some proper professional advice. It sounds like a potentially complex issue.

stealthyfootsteps · 02/06/2012 17:15

Thanks for your reply. We will try again to get him to speak to someone professional for advice. He is under the impresssion that all is 'fine' and that it will turn out alright in the end Hmm. I think he does this to make sure he still gets to see his dc and to not rock the boat otherwise she will become nasty.
We'll try anyway, that's about all we can do.

OP posts:
Corgito · 02/06/2012 17:43

Head in the sand won't work if someone is out to get you. :) If she's using access to the children to bully him into submission she's a low-life that won't behave any better with him whether he's fair or not. 'Knowledge is power', however, and a half hour with a solicitor to establish what the legal position is could mean he can call her bluff and retain some dignity.

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