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  • FIRST POST
    • Oakdene
    • By Oakdene 29th Sep 16, 9:01 AM
    • 500Posts
    • 677Thanks
    Oakdene
    Entitlement following seperation
    • #1
    • 29th Sep 16, 9:01 AM
    Entitlement following seperation 29th Sep 16 at 9:01 AM
    Hi all

    I'd like to start by saying I have told my friend to get to a solicitor sharpish but she cant see one until late next week so I'm seeking info to help reassure her or to show her what will happen...

    A very close friend of mine is about to separate from her husband following him being unfaithful on a number of occasions. (This is not me, I am neither party- I am very single at the moment)... Anyway they have two children together (she will take custody of the children) but she is moving out as she doesn't want to be anywhere near the marital home.

    The mortgage is in his name, she isn't on it however she pays towards bills for the home. He has various loans in his name (car finance, loan for home improvement, CC) & she has a HP agreement for her car & a CC.

    Her mortgage advisor asked whether her husband would be giving her a share of the house so she can set up her own home & when she asked him he said he didn't have to as she wasn't on the deeds/mortgage & that if he gives her some equity from the house she would be liable for his debts.

    She is now scared that she is upping sticks & will be entitled to nothing. Can anyone advise as to whether she

    a) has a claim on equity in the house
    b) will she be liable for debts in his name?

    Thanks in advance...
Page 2
    • Guest101
    • By Guest101 18th Oct 16, 4:13 PM
    • 11,958 Posts
    • 11,406 Thanks
    Guest101
    I dont think they did from what I have been told...
    Originally posted by Oakdene


    I don't know any lender that would complete with a 3rd party stake in the property........
    • TBagpuss
    • By TBagpuss 18th Oct 16, 10:30 PM
    • 4,842 Posts
    • 6,347 Thanks
    TBagpuss
    She can't decide whether to accept any proposal from him until they have both given full financial disclosure, so she is clear about what the assets (and debts) are.

    She also needs to look her her financial needs, e.g. what mortgage she could get in her own right, what it would cost to buy somewhere suitable and so on.

    A gift / loan from his parents may be relevant - it would depend on the situation as a whole, including any evidence either of them had about the intentions or agreements at the time the money was provided.

    HAs she registered her matrimonial home rights notice yet?
    • Oakdene
    • By Oakdene 19th Oct 16, 10:11 AM
    • 500 Posts
    • 677 Thanks
    Oakdene
    She can't decide whether to accept any proposal from him until they have both given full financial disclosure, so she is clear about what the assets (and debts) are.

    She also needs to look her her financial needs, e.g. what mortgage she could get in her own right, what it would cost to buy somewhere suitable and so on.

    A gift / loan from his parents may be relevant - it would depend on the situation as a whole, including any evidence either of them had about the intentions or agreements at the time the money was provided.

    HAs she registered her matrimonial home rights notice yet
    ?
    Originally posted by TBagpuss
    Yes she has, she did that a couple of weeks ago,.
    • duchy
    • By duchy 20th Oct 16, 6:59 AM
    • 17,816 Posts
    • 45,051 Thanks
    duchy
    She needs to call his bluff. If indeed his parents that indicate they have a legal stake in the property then she loses nothing by finding out first.
    It sounds to me he is trying to rush her into an agreement probably because he is aware his pension is worth more than she realises and he wants the agreement locked in before she is properly advised, alternatively there are other assets he wants to hang onto (company share scheme maybe or other investments).
    The only one benefitting by rushing is him , so she shouldn't rush but wait til the full financial situation is clear .

    He sounds a delight, wanting his kids to have a household with less than it should have whilst he holds ontothe lion's share.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    Apparently having a "Quirky and Hipster" wedding
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