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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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CAN HE CLAIM SHARE OFF HOUSE

  • SUPERSTAR
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10 Feb 08 #13411 by SUPERSTAR
Topic started by SUPERSTAR
HI All
My mother and farther seperated two years ago due to my farther commiting adultery. My farther signed the family house over to my mother so only her name appears on the deeds. Could my farther still make a claim for half the house if he wanted to be arkward. The house is morgage free.

  • mike62
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10 Feb 08 #13417 by mike62
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Superstar,

Lots of questions need to be answered to give you an answer.

Have you father and mother actually commenced divorce proceedings?

When the house was signed over to your mother, was any formal agreement drawn up and signed by them both?

What makes you ask the question in the first place?

How long were your mother and father married?

Has your father got another house since signing the original house over to mother?

Has your father placed a legal charge on the property with the land registry

Are there any children under 18 years still living with your mother?

The short answer to your question is yes, but it depends on the circumstances of the transfer and how it was done.

If your mother is looking to commence divorce proceedings against your father, then it can be dealt with as part of the divorce, so that he can't.

Post up some more background and information and someone will answer you

Mike

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10 Feb 08 #13418 by SUPERSTAR
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Hi Mike
There are no children at home, My mother was married for 32 years.
They brought the house approx 15 years ago and my mother paid the morgage of whilst they where still together.

My mother is looking to get divorced but my farther is not happy with this although he has been living with his partner in a council property.

The problem she has is it going to open a can of worms if she does go for divorce he may say right I am going to claim half of the house.

The house deed were changed with his consent through a local solicitor two years ago.

  • DownButNotOut
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10 Feb 08 #13420 by DownButNotOut
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As Mike says ... you need to go into all the details to get a reliable answer.

But.....

in principal, UK divorce law deems that a home purchased and paid off during a long marriage is joint matrimonial property.

And upon divorce it is very likely that your father would have a strong claim for 50% of the house.

It does not really matter whos name the house is in or who paid the mortgage payments.

The marriage was a partnership....the assets of the marriage are joint.

So....tread very carefully.

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10 Feb 08 #13425 by mike62
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Superstar

THere is a lot to consider in a situation like this - as DownButNotOut says - tread carefully!

FInancial information that is needed to give you guidance is below:

Basic financial details to help others consider your position

H age
Net income a year
Net income a week
Should he be working O/T or can he realistically maximise his earning potential –if so what would the net income be a year
Health issues which affect ability to work?

W age
Net income a year
Should she be working O/T or can he realistically maximise his earning potential –if so what would the net income be a year
Health issues which affect ability to work?
What do you think you can raise by way of mortgage?
How much can you afford for housing a month?

State benefits?
Working Tax Credits
Other benefits state per year

W savings
H savings

Debts

W debts
H debts
of the above how much do you accept are Matrimonial debts

Any adverse credit history affecting you or H getting a mortgage/loan

Any inheritance likely;
H £ parents aged?
W £ parents aged?

Any serious likelihood of either within 5 years?

Pensions

W CETV?
H CETV?
Either in payment?

If you can provide this info, someone will be able to take a guess at what your father may be entitled to. Forewarned is forearmed. Hopefully your mother may be able to keep the house intact, but there are many ways of dividing the assets.

Best of luck

Mike

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