Divorce

[Susan0]

Hi, would stbxh be entitled to a share of my savings ( only a couple of thousand pounds)
in a divorce settlement?

Depends on what other assets you have, his resources and needs, how long you have been together etc

Quite possibly yes. generally you are allowed to keep what you had before you were married but the rest is fair game.

I'd be spending it, or withdrawing it so it's no longer a problem, but that depends on whether he was a leech who contributed very little to the relationship financially.

Stbx was a compulsive gambler with drug problem, contributed nothing towards relationship or family expenses.
The house is in myself and his father’s name.
His father bought him out to protect us losing house in ex’s upcoming bankruptcy.
Is it okay to withdraw my savings, is that seen as disposing of assets?

Forgot to add we were married 32 years

I'm not sure, might be worth getting advice. If he is entitled to half, I'd quickly spend it on the DC. I'd rather it went to them than him. Is there anything they really need? New bikes? A horse?

Take it out of the bank and hide the cash.

If it's only a couple of thousand pounds, is it really worth the stress? I'd be more worried about whether he has a claim on your half of the house tbh. Speak to a lawyer ASAP. I'd be very concerned your fil's kind act of buying into the house has fucked you.

Yes, it’s the claim on the house you have to worry about. The 50% In your name is still a marital asset and subject to being split between you. He doesn’t own the other half of the house. Although I suspect the administrator will take a dim view of what is going here. Speak to a solicitor. Everything will get messy here.

Spending the savings frivolously defeats the purpose of having savings. Unless you are spending the money on something you need and would have bought, think twice about this. If you do spend it buy things that aren’t visibly an asset.

He's entitled to half of everything including the house, he may choose not to take it

Thanks so much for your replies
I’ve spoken to a solicitor regarding my half share of FH being taken into account, apparently if I can provide evidence of ex being paid fair and square to him by fil
then I have a strong case, I know he was paid but not how
The main problem is fil has passed away and in his Will he left his 50% share to our 2 sons, his grandsons.
The executor of the Will, who is ex’s elder brother knows and arranged the purchase,
But is reluctant to get involved, blood is thicker than water!
Also when the will is executed and our sons receive their shares, ex has said he wants them to transfer back to him!
So confused!

Also when the will is executed and our sons receive their shares, ex has said he wants them to transfer back to him!

I bet he bloody does. You and your sons are about to be done up like kippers if you're not careful.

Yes that could happen. Still controlling even from a distance.
So unfair that someone who hasn’t worked for 15 years, relied on our adult children and benefits to run the house, while he was out squandering tens of thousands of pounds in casinos and on drugs, can still benefit further! He’s laughing all the way to the bookies!🤬

This kind of manoeuvring of assets in bankruptcy can't be legitimate, and I would strongly advise your sons to hold onto their inheritance. He'll just piss everything away and they must know it.

I'd grass him up, tbh. Certainly go back for more legal and financial advice - it's no point sitting on your hands and letting it happen.

The brother who was the executor may not want to be involved, but the court can compel him to disclose the paper trail of FIL showing your stbx was paid out fairly.

@ispywithmycynicaleye "a horse?" 🤣🤣🤣🤣🤣🤣🤣🦋

@ispywithmycynicaleye
😂😂😂 or maybe lipo and Botox!!

Tbf there was around 2 years between fil buying the share and stbx filing for bankruptcy
No one could have known that was really going to happen because we didn’t know the seriousness of his gambling problem.
Fil was just being cautious

Use that £2K on legal fees OP. You may need that if it goes to court. Also could the Executor speak to you/your children about a Deed of Trust on their share of the property?

Hi yes true, the money will be needed for solicitors fees
Not sure about the Deed of Trust, the children are 18 and over, could it still be applicable considering their ages?
I would be very grateful if anyone has any idea, so worried thanks 😊

I can't advise on that I'm afraid. Your best bet is to get qualified advice from your solicitor I think.

At the very least speak to Citizens Advice but in your shoes I'd speak to someone legally/professionally qualified especially as your children are over 18yo.

Hi just wondering if anyone could help.
Stbx has not provided financial disclosure by the date set by my solicitor, Solicitor says to move on with my life as going to court will be costly.
He doesn’t actually own anything but I own half of the FH and all I wanted to know was whether he was going to express an interest in it. His own share he’d sold to his father a few years before.
Would it be wise to move on and maybe apply for the Absolute without a clean break?
Also the fathers share is still in probate as he passed away and I can’t raise equity until probate is done.