divorce and assets, under a year

when_will_it_end

hi all this is a questionfor my friend

he married last june, due to some recent events he has decided to file for divorce, he is quite a wealthy person, the partner has no savings but does own half of a property with an ex
my friend put him on his deeds 2 months ago so now the partner has a 50% share in his house also

what will this partner be able to claim on?
im sure i read somewhere that if a marrage lasts under a year then the partner has no claim unless he has bettered a property that they live in, this he has not done

will he be entitled to half the house value due to my friend putting him on the deeds?
if he is will my friend be entitled to halfthe property that he owns with an ex

its all quite messy and the partner has been very manipulative, while the friend has been a bit nieve, just want to help him the best i can, seems this partner has done this before

thanks

Emmzi

division of assets is a complex area with many variables.

if he has cash as you say, the correct place for advice is a solicitor specialising in this field, not a load of punters on the internet.

when_will_it_end

Emmzi wrote: »

division of assets is a complex area with many variables.

if he has cash as you say, the correct place for advice is a solicitor specialising in this field, not a load of punters on the internet.

i know, he is going to try and get tuesday of work, he is obviously paniking i was hoping some one may have been in a similar situation and i could give him some reasuring advice

clearingout

it is generally said that a short marriage (no prior co-habitation?) that has yielded no children, both parties take out what they put in. Legal advice should confirm that. A generous 'good bye' gift to pay for a deposit on a flat and help buy some essential furnishings should be enough....

when_will_it_end

clearingout wrote: »

it is generally said that a short marriage (no prior co-habitation?) that has yielded no children, both parties take out what they put in. Legal advice should confirm that. A generous 'good bye' gift to pay for a deposit on a flat and help buy some essential furnishings should be enough....

thanks thats what he thought but is now worried about his house, the partner was arrested last night, i have suggested getting an injunction, can he leagaly change the locks even though his name is on the house

Emmzi

no, he cannot bar someone from their own house

injunction or restraining order tho? cos that would be different.

pmlindyloo

I don't know all the circumstances but this may help :

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/occupation_orders

Your friend definitely needs legal advice.

Mojisola

when_will_it_end wrote: »

he married last june, due to some recent events he has decided to file for divorce, he is quite a wealthy person, the partner has no savings but does own half of a property with an ex

my friend put him on his deeds 2 months ago so now the partner has a 50% share in his house also

No legal training but I would have thought that as he put him on the deeds, it was a gift which can't be taken back. They are now joint owners of the house.

Gloomendoom

Mojisola wrote: »

No legal training but I would have thought that as he put him on the deeds, it was a gift which can't be taken back. They are now joint owners of the house.

I'll think you will find that this is not the case. I have been in a similar situation and, as I understand it, putting somebody's name on the deeds does not automatically give them a 50% share in the house, conversely, just because somebody's name is not on the deeds does not mean that they have no share in the house.

As has been said, a lot depends on how long the couple have been married.

clearingout

is there a mortgage on the jointly owned house or is it owned outright? I can see what mojisola is saying, although it would be usual to share in marriage and even without having registered it in joint names, it would be possible for the non-named spouse to register 'home rights' with the Land Registry. I think legal advice is required to get the picture clearer. Some solicitors do a free half hour - it might be worth seeing more than one to get a consensus - some will just tell you what you want to hear, charge you a small fortune to fight it and then,when you lose, tell you that nothing is ever certain....

Mojisola

Gloomendoom wrote: »

I'll think you will find that this is not the case. I have been in a similar situation and, as I understand it, putting somebody's name on the deeds does not automatically give them a 50% share in the house

Interesting. I hope 'when will it end' will come back and tell us what the solicitor says.