Divorce settlement, what will she be entilted to?

Question

Please don't answer " go see a solicitor " as we are doing that but it all takes so long.

My fiance split from his ex 18mths ago after 4 1/2 years of marriage. She has left him sole carer of their 2 kids age 3 & 9 (1 isnt his) and she doesnt see them or pay mantainance. He lives in the marrital home which she only lived in for 4mths and in his sole name as she cannot get credit (she did have her name put on land registry tho after they split), she now lives in council accom with her fella. The settlement is going through mediation but I am now sick with worry. What will she end up entilted to ??? If she gets a share of the house when the youngest is 17 are we able to sell the house in that time and is my name able to be put on the deeds to that house? My fiance bought the house off his dad for 50K less than house is valued so will this be considered as it is early inheritence for my fiance and nothing to do with her. This is getting me down

Answer 1

She's entitled to 50% sorry pay up and deal with it this is what happens when you are the 2nd wife , the 1st wife gets everything the 2nd wife gets nothing .

Answer 2

Okay - presumably you are in the UK. The carer for the children ends up with the family house, and then property etc is distributed between the parties depending on a large number of variables - it is definitively not 50-50 and it will depend to a certain extent on who brought what to the partnership. If she is working she is actually supposed to contribute 15% of her take home pay towards the upkeep of the children. I am afraid that any settlement will be based not on the fact that she only lived in the house for 4 months, but that they had been together for 4.5 years. It also does not matter that the house is in his sole name, as both partners' possessions are part of the amount for settlement. Also the full value of the house will be the starting point for the value of the joint possessions - it cannot be viewed as an early inheritance for your fiance - that's a non starter, I'm afraid.

Answer 3

I don't know about the UK, but in the States, the courts do look at the fact that the home was purchased in his name. They also look at the fact that he is the sole care taker of the children and the sole provider.

If by chance her name IS on the title of the home, there are certain remedies that work here in the states. one is that he can buy out her interest of the home. Sounds like she's after money, so she may go for it. If he can prove that she only lived there for a short period of time and hasn't contributed to the household income, the court may see that as abandonment.

I know it is getting you down and all, but just try to be supportive of your man and be there for the kids!

Good Luck

Answer 4

They won't be taking any house. Think of what's fair. That's what they do. You can talk to a lawyer free over the phone or in the office free for the first 30 minutes or hour to get the laws in your area and answers to concerns. Realizing you are not your feeling, you only have feeling with serve you your whole life to not get to much in the drama. Outside it emotionally and even mentally gives you the perspective to work the remote or else you have no remote and go with every whim and feeling like a small child. It's the difference of riding the wave of emotions or being dragged under and scraped along the bottom.

Answer 5

A reasonable judge would realize that the house was only lived in for 4 months by the first wife. He could possibly award her half the value of the mortgage payment for those 4 months. That would be fair, but I wouldn't think she'd be eligible for anything more than that unless she paid money as a down payment, in which she should be entitled to receive that money back.
I think your boyfriend would be correct to offer her half or even all of the mortgage payment for those 4 months, any down payment she made - nothing more, nothing less.
If he's taking care of the children, he could ask for some form of support if he really wanted to be mean.

Answer 6

If they were married, she is entitled to half. It all comes down to what is mediated by the court and the attorneys. This woman will always be in your fiancees life because of the children. Don't stress about what she will get, that is something between them, not to say it won't directly affect you but you signed on to this relationship with all its baggage. Just go along for the ride until its your turn! Good luck!

Answer 7

In America....sounds like you are some where else. He will be entitled to child support in the rears, for the time that he had them and continuing forward. It could be argued and won that this is the childrens home, they should be able to stay in it. Find a good attorney, one that will play the fact the kids have been abandoned by their mom and should be able to have the consistency of the same home.

Answer 8

if it is his she don't get a thing providing she has not contributed to the content of the house are belongings and then she is only intuited to 50% of evry thing she has help pay for and as for putting her name on the land deeds when that split get legal advise soon as and as for the kid if the one aint he's why is he looking after he are she

Answer 9

If they were married she is entitled to half. Unless you guys can come up with half the value of the house to give to her, you will likely have to sell the house and give her half. I can't see the house being classed as an inheritance if your fiance had to buy it.

Answer 10

Hello, If it goes to form she will take the lot without a backward glance. I wish you both all the luck in the world.