I recently got back in touch with an old friend on Facebook, she has a child with her partner but they are getting divorced. When they met he had his own house which she moved into and has been raising their child in whilst he works. She has only just filed for divorce, and is worried that her and her child will end up with nothing as she spent her time being the main care giver and housewife rather than contributing financially to the household. What WILL she be entitled to?
2007-12-20 02:08:54 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
She is in the UK, they have been married for three years and he didnt completely own the house before they married - he has been paying the mortgage throughout the marriage, and there's still ten years left on it.
2007-12-20 03:08:27 · update #1
She needs to get as much information as possible,before the divorce.
Go to Citizens Advice, Social Services, DSS, the mortgage company/housing, leaflets etc, just as many places as possible, to gain as much knowledge as she can.
The better informed she is, the easier it will be to choose the choices she will have.
Her solicitor, will be another source of information, and they will be able to direct her, and tell her what her 'rights' are.
But tell her not to worry, there are people out there, that will help and guide her through this, and what financial benefits that are in place ready to assist.
Emotionally, if the marriage cannot be resolved, it may be better all round for the well being of the children, (which is the only thing the courts will be concerned with) if this couple have 'space' right now between them, however, inform your friend not to leave the marital home voluntarily, as this will mean that 'she walked out' willingly, and could be used against her.
It's not a good time for this girl right now is it ?, she's lucky to have you as her friend, just be there to help her through this, and she'll be fine.
all the best
a friend x
2007-12-20 02:48:52 · answer #1 · answered by CARAMAC 5 · 0⤊ 0⤋
The starting point has changed in the UK recently. It is likely (if they cannot agree) that the court will order the marital home to be split 50 / 50. His other assets will likely start at 25% (Occupational pension, car, savings etc.) It really depends on the length of time they were together and a host of other things. Tell her to make sure she gets good advice. Try the Citizens Advice Bureau to get an idea before heading to a solicitor.
xxR
2007-12-20 10:17:20 · answer #2 · answered by Anonymous · 0⤊ 1⤋
She should look on line for answers. Laws are different everywhere but usually if she's lived there for more than a year it's considered common law marriage so she may be entitled to something. I don't think she'd be entitled to half b/c he had the house before they got together. She can also call legal aid to get some free advice.
Good Luck!
2007-12-20 10:14:02 · answer #3 · answered by laura 4 · 1⤊ 0⤋
She will be entitled to anything he has gotten SINCE they married. What he owned before the marriage is off limits to her since he had already obtained it.
Also she can ask for spousal support and child support. She will have to get a job at some point, but should try to hold off until the divorce is final if it is possible.
She really needs an attorney... quick!
2007-12-20 10:15:26 · answer #4 · answered by az_mommma 6 · 1⤊ 0⤋
It depends on what state she is in, because those laws are different from state to state. I live in North Carolina, and I think there are several other states that have the same laws as us. If her laws are the same the rules would go like this: Any thing that was purchased after they were married is considered half hers and half his. It does not matter who paid for it. Anything that was his or hers before the marrige and was compleatly paid for remains the original owners property.
She should go to the court house and see what her rights are so that she is prepared to fight for everything she can.
2007-12-20 10:14:08 · answer #5 · answered by wingedstrider 3 · 1⤊ 0⤋
Depends on her states laws... As for LA, here you get half of everything and based on the percent of income brought in, that will tell her how much child support, etc she will get... She needs to get into contact with a lawyer and be prepared because it isn't easy... I called one and he told me that the share of costs, like daycare would be paid based upon the percent of the household income... It isn't 50/50 in my state... So, if you live here, he would have to pay child support, perhaps spousal support and all of daycare cost in order for you to work, and if your kids are under the age of 5, the state doesn't require you to work. Just support her, and be her friend, because after all, that is what she is going to need.
2007-12-20 10:15:34 · answer #6 · answered by Beatngu 6 · 0⤊ 0⤋
That will have to be discussed with a divorce lawyer....She may not be entitle to the house because it was something he had before her and she moved in with him...Usually, things that are endure during in the marriage can be split but, again it depends because every situation id different and every stare laws differs too....
2007-12-20 10:38:25 · answer #7 · answered by Yvette D 5 · 1⤊ 0⤋
She will definitely get child support. She can get a free attorney from the state/government to find out all of her rights. She has to file for child support as well.
2007-12-20 10:14:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on the laws in their particular area, if it's a community property state they'll split all the assets 50/50.
2007-12-20 10:13:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If she is in a 50/50 state, she'll get half the value of the house, half his retirement, child support and alimony.
2007-12-20 10:28:46 · answer #10 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋