Divorce and family home - advice

[Joanofarogon]

Will try and keep it simple, basically 13 year marriage ending, found out he's been secretly seeking legal advice, and I've just started looking for my own, 2 kids primary school age, its now come to my attention ive apparently no stake in the house and I'd apparently signed this myself. Got a copy of the paperwork and it is my signature, this was when I'd just had my first child and feel i was bamboozled by his mother into signing this, but also my own stupidity and naivety.

At the time my DH wasn't earning enough to put the money down so its his name and his sister name on the house as she runs her own business, as does his mum. Do i have a leg to stand on if i signed all those years ago that i had no interest in the house?

His mum and sister are very money savvy and i dread to think what they've been plotting for the past 6 months regarding money and shares in the company.

The fact that your name isn’t on the deeds is irrelevant in a divorce. you are still entitled to at least 50% of the equity. However, if it’s him and his sister, then I’d guess that her share can’t be touched.
You’re also entitled to a share of his pension, any savings he may have, anything he has a financial interest in. Go see a good solicitor now.

@Soontobe60 appreciate the help! He works in his mums company, last time i checked she was listed as having 6 active businesses, he was listed as a director until last year, my guess from past dealings is theyll do everything to move, hide, money and any shares, they're all sneaky as hell! Will definitely need a good solicitor!

Good luck.
If his mum is a savvy business owner and she was the one who manoeuvred you into not being on this house deeds... sorry but my guess is they're several steps ahead of you already and on paper your DH is a pauper with nothing in his name. Sounds quite premeditated even.
Best investment you can make right now is good legal support.

You will probably need a Forensic Accountant: they are invaluable in investigating hidden assets during divorce proceedings. See an example here:

www.Stowefamilylaw.co.uk

You’re not entitled to at least 50%

you’re entitled to a fair share or marital assets - which may be more or less than 50%

what is the document you are referring
how / who currently is the owner in the deeds ?

Thanks for the replies! I know i sound utterly stupid but this was all when I'd got home after a traumatic birth and looking back should have got advice at the time! It was a declaration of no interest in the property which i signed 😣 his mum was going on about mortgages and it seemed to make sense at the time. So does that mean DH and his sister are the owners legally?

Ive tried to investigate on companies house, he's not listed as a director any more or even listed at all, and his mum is listed as having 5 other companies so whether they've been moving shares, assets around. My fear is in paper he'll be valued at basically nothing! I found out via a letter they'd been getting legal advise since last year!

So I’ve been in a somewhat similar position and was advised that a document detailing what would happen in the case of separation is classed as a pre-nup (even if signed after marriage) and is invalid unless it was signed following legal advice.

@PushedButtons i definitely didn't have legal advice begore signing! Its all a bit fuzzy really but its definitely my signature, hopefully then it won't be legally binding?

Regarding his earnings and shares, I'm convinced they've probably done the dirt on me there too. He's disappeared off companies house, all i can find is his mum's listings and roles.

@Joanofarogon, hopefully not and it sounds like it won’t be valid. I signed away all my interest in the marital property but still got 50% of the equity. I wish I could tell you that the whole process is fair but my XH hid pensions, savings and lied about the value of assets. The courts didn’t care. Also, meet several solicitors - I was given negligent legal advice by the first one I saw and then acted on it when I now realise I should have got other opinions first.

@PushedButtons I'm sorry to hear that 🙁 and under no illusions that it'll be straight forward, my fear is they've had almost a year of scheming and can afford the best legal team, i wouldnt be surprised if all his assets etc are off shore now.

Just out of interest, why would DH mum get me to sign a no interest in property and put DH and his sister on the deeds if its not legally binding? Or is it that i can plead ignorance as at the time i had no idea what the ramifications would be? Which is true! I was so naive 😣

And has anyone had any success retrieving hidden assets and income with a divorce of money and assets have been deliberately hidden, moved? Or does it depend on getting a decent legal team? Im aware DH and his mum will have the best legal time they can get a hold of. From the little i can gather it looks like all his assets are now in his mum's name and can find no record of his even being linked to her business since last year!

People don’t understand the law and are often acting under the advice of a ‘mate’. Or maybe clutching at straws.

I would start gathering evidence that would be useful to your legal team. If he has relinquished shares and control in companies etc. then it will be clear that he is disposing assets which can be taken into account. For example (I self repped) my XH’s solicitor would not provide a valuation for a commercial property unless we instructed costly commercial valuers. I found a newspaper article online about a very public dispute with the tenants and that listed its value.

You could try calling Rights of Women who provide advice over the phone.

@PushedButtons thanks! They've definitely been messing around with assets! I will get on to it and try to gather as much info as i can. Thanks again for all your help!