My mum has been married to her husband for almost 2 years. Anyway, once married this man changed totally, became a different man altogther so they are now divorcing. All through the marriage he refused to give her any money, she only had child benefit to live off which brought her and her sons food each week and any clothes ect Today she has just come across a bank statement which shows he has been putting all the extra income, meant for the family, into an ISA. Does she have any rights to claim some of this as it was the families money in the first place? It is quite alot of money.
2007-04-26 21:05:12 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She does not want ongoing support from him. She wants it over and him out of her life completely. No the boy is not his. Her husband used to hit her son, which is the main reason for their divorce. My concern is that she has been living like a poor woman while he been hiding all 'the families' money for himself.
2007-04-26 21:21:57 · update #1
Hi Mcc
In the UK.
Its really down to a judge to decide. This is a matter of equity and trust law. Most good divorce solicitors will be reasonably up to date with Equity and trust law. There are a number of leading cases that cover this type of scenario.
Asa far as the ISA is concerned there may be a case for a constructive trust here as it is alleged that the funds are for the family.
Talk to an equity and trusts law specialist.
Hope this helps.
Good luck.
2007-04-26 23:19:40 · answer #1 · answered by LYN W 5 · 1⤊ 0⤋
Depends on the state you're in and what sort of lawyer you can afford. A two year marriage isn't likely to provide much. Her claim would be what might have been deposited only during the marriage - and only if you're in a community property state.
If she was claiming government benefits (and you are not referring to child support) during that time, and the combined income would have made her ineligible for such - there might be issues there.
She is not likely to receive ongoing support.
Are the children his?
2007-04-26 21:18:15 · answer #2 · answered by pepper 7 · 0⤊ 0⤋
I always believered that in a divorce all assets are split down the middle. I would contact citzens advise as they will know exactly where she stands and what she needs to do.
2007-04-26 21:18:08 · answer #3 · answered by Stacey C 3 · 0⤊ 0⤋
Your mother is entitled to the money but only the commensurate amount for support and the rest will be for the owner.
2007-04-26 21:10:31 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋