Gutted for my brother, she asked him to leave after 15 years, no mortgage on house, separation etc

joe565

I'm gutted for my brother.  His wife asked him to leave as she wanted a break after 15 years of marriage, said she wasn't happy so he back living with the parents for now. They've 3 kids (10, 11 and 13) 
Both my brother and wife are working full time, have a beautiful home built on her family farm (deeds could be in her fathers name) my brother paid for building the property, has all receipts etc and there's no mortgage, although he'd never put the kids out of the family home would he be entitled to any of it if deeds aren't in his name?
They've no joint bank accounts, he's an account in his name and I'm sure shes entitled to half of it?  He's thinking of going to rent a property soon and probably will be a divorce.
Joe

macman

If he, she or they own it, most likely she would be granted the right to remain in the property until the kids are adults.
Impossible to answer theoretical questions about the ultimate ownership of the property, first you need to establish who currently owns it? Surely your brother knows? Or you can check the title register at the LR in 5 minutes.
I find it hard to believe that he would have built a property and then registered it to his FIL? If neither he nor his wife actually own it and pay no rent, then they are basically guests, with no security at all.

sweetsand

Yuo state your bro paid for the property, the eividence will be their in his bank, saving accounts etc money he paid for the materials, builders etc via cc and/or debit card and direct bank transfers etc - half of it is his minus the land I guess and that is where most of the valuation of a property lies if living within the M25

macman

Paying for the building work on a house does not make any part of it yours, unless the deeds have your name on it. Even more so if you don't even have a leasehold title on the land you have built it on.
OP has not come back to give us the basic info needed.

tacpot12

Divorce can be very hard on everyone; including family members who have to see their loved ones lose out. 
But your brother had opportunities to do things differently and he chose not to do so. Why he did this is a mystery, but there may be a reason. If the answer is that he never expected his marriage would end, then it is likely that he is going to have to take a hit as a result of his lack of imagination. 
He should see a solicitor in case there is something that can be done. I think a judge, when presented with evidence of the financial investment made in the property, will find a way to balance this contribution somewhat fairly.

Sometimes in these cases it is best to use the fact that you have not legal rights to negotiate a fair moral settlement. His wife's father could act as an honest broker between them if he was minded to do so. Your brother seems to have co-operated with her wishes so far, so perhaps his father-in-law feels bad about how his daughter has treated him? It's possible. 

Money he has in accounts in his sole name is a marital asset as is any money that she has in accounts in her name. Same with their pensions. They are marital assets and both have a claim on them. The courts expect people need to live and understand that two people can live more cheaply under one roof than two so some changes in expenditure are expected, but if your brother has £50K sitting in a bank account, he can't spend it on Porsche to stop having to give her half. He could reasonably use the money as a deposit on his own home. What I'm saying is that when arriving at a financial settlement, money in current accounts that are needed for day to day living are not considered - what is considered are large sums of capital that might be savings or investments. 

Your brother is lucky that he has a good job; this will help him pick himself up once he is over the shock. He will need to grieve for the loss of his marriage. It took me two years to even start to get over my divorce. I wish him well. He is also lucky to have his brother worrying for him. 

joe565

Thanks everyone.  Its such a big shock for my brother, he never thought his marriage would end and the deeds of the house is in his father-in-law name.  He has all his receipts etc from the paying of building the property from builders/plumbers/kitchen appliances etc  He has got advice and was told about beneficial interest in the home so hopefully he'll get a share.

74jax

joe565 said:

Thanks everyone.  Its such a big shock for my brother, he never thought his marriage would end and the deeds of the house is in his father-in-law name.  He has all his receipts etc from the paying of building the property from builders/plumbers/kitchen appliances etc  He has got advice and was told about beneficial interest in the home so hopefully he'll get a share.

Was this legal advice?
A property, built on someone's land (not his wife), in the name of someone else (not his wife).
I think it will be far harder than he thinks. 

joe565

The land is her father's land, yes that was the legal advice he was given

TBagpuss

Presumably the father was aware that they were building ./ improving the house - he may well be able to make a claim based on his beneficial interest in the house, against his father in law. Or they may be able to reach an amicable arrangement. He will need to get proper legal advice and separately get advice about the divorce and where he stands in relation to any other assets. Obviously if his wife is securely housed in a property owned by her father, that will be relevant to how the matrimonial asset are split as it will affect her reasonable needs as compared with his. 

sweetsand

From what I can tell, your bro was only a tenant there living rent free and he paid via working on the property - the deeds are in the womans dads name - the woman paid for the hardware - imo your bro will get naff all other than a big solicitors bill but please note I'm no expert.

The other thing is - is planing consent not required to build on farm land especially if it is to be used as a separate dwelling - imo it should be knocked down - by that i mean i go buy up some devastated farmers farm land with a little crappy house on it build a mansion and sell if for a lot of money - hope you see where I am coming from as the bottom line may be the building has to rasied to the ground as it has no planing consent,

princeofpounds

In contrast to many of the others, I think it's very likely he will be able to establish a beneficial interest in the property. I think there's a lot of people commenting on the thread so far who have only a very limited understanding of property law.

That's not to say it will be all sunshine and roses - far from it - but just take the certainty from some posters with a pinch of salt.

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest