Name not on deeds

GaryBC

Hi guys

I'm not sure if this is the right place to ask this - but I'll go ahead and see where it gets me!

I have a friend (no, really - that's not a euphemism for me!) who's in a crap marriage but feels trapped as her name is not on the deeds to the marital home. She believes that this will prevent her from getting her half of the value of the house if she starts divorce precedings.
I've always thought that the marital 'estate' is 50:50 owned irrespective of who's name is on the deeds. Is this true?

(If I were a betting man I'd have a flutter on any answer starting with words to the effect: "it's more complicated than that"!)

Cheers,
Gaz

Homeownertobe

It's a marital asset, but if they've been married for less than five years, she'll have a hell of a time proving she's entitled to anything near a 50% share unless that's what she's put in.

RAS

The starting point for a financial settlement in England and Wales is 50:50 of all the assets of the marriage, so that includes pensions, property, expensive cars, art works and savings etc, etc.

UNLESS this was a short marriage (less than 2 years and even then the courts often take into account pre-marital co-habitation?.

The other small issue might be any pre-nupital agreement or deed of trust if she signed one of these.

In which case she definitely need to pull together copies of all the paperworks re the assets and go and get a half hour with a good divorce solicitor.

She can do the divorce itself DIY for the court costs but may need a lawyer for the financial settlement if it is complex.

GaryBC

Homeownertobe wrote: »

It's a marital asset, but if they've been married for less than five years, she'll have a hell of a time proving she's entitled to anything near a 50% share unless that's what she's put in.

She's got quite a few more years up than 5! Thanks for the quick reply.

GaryBC

RAS wrote: »

The starting point for a financial settlement in England and Wales is 50:50 of all the assets of the marriage, so that includes pensions, property, expensive cars, art works and savings etc, etc.

UNLESS this was a short marriage (less than 2 years and even then the courts often take into account pre-marital co-habitation?.

The other small issue might be any pre-nupital agreement or deed of trust if she signed one of these.

In which case she definitely need to pull together copies of all the paperworks re the assets and go and get a half hour with a good divorce solicitor.

She can do the divorce itself DIY for the court costs but may need a lawyer for the financial settlement if it is complex.

Thanks for that. As far as I'm aware there's no pre-nup or similar.