Getting divorced is My wife entitled to my mothers house?

bobby_99

Hello everyone just wanted to ask if anyone can give me a generals answer to this before i speak to a lawyer 
We been married for 2 years and have a child and are getting divorced the house is not in my name but my mothers its her house we lived with her the  mortgage was payed off well before the marriage and in that time she never worked she made no contributions.
So my question is is she entitled to half of the property? its not even mine so if she is then will she share 50-50 with my mother if so then wouldn't i get also a share?
Also i have no assets 

maman

Of course not. It's as if you were renting. The house doesn't belong to you so you can hardly give your wife part of it. It's surely that simple. You will have to pay for your child, assuming that the child lives with your wife in future. 

AskAsk

as said above, she would not be able to make any claim to your mother's house. 

the only problem i can foresee is if you had paid towards the purchase and mortage of the house even though your name is not on the property deed.  that is, you deliberately made sure the property was protected should the marriage fail, by only having your mum's name on the property deed.

bobby_99

AskAsk said:

as said above, she would not be able to make any claim to your mother's house. 

the only problem i can foresee is if you had paid towards the purchase and mortage of the house even though your name is not on the property deed.  that is, you deliberately made sure the property was protected should the marriage fail, by only having your mum's name on the property deed.

I never paid a dime for the mortgage my mother offered for us to stay in the house for first few years 

CookieMonster

Only entitled to ½ the house if your wife was married to your mother, and is divorcing your mother.
Are you sure that you have no assets? No car, no money in the bank, no pension...?

bobby_99

maman said:

Of course not. It's as if you were renting. The house doesn't belong to you so you can hardly give your wife part of it. It's surely that simple. You will have to pay for your child, assuming that the child lives with your wife in future. 

i know might sound silly but had to ask these courts are so against men!

74jax

bobby_99 said:

maman said:

Of course not. It's as if you were renting. The house doesn't belong to you so you can hardly give your wife part of it. It's surely that simple. You will have to pay for your child, assuming that the child lives with your wife in future. 

i know might sound silly but had to ask these courts are so against men!

Maybe you have heard some horror stories, but courts are for EITHER party.  It could just as easily be a female posting they lived with their mother and could the husband claim half the house.  

sassyblue

bobby_99 said:

maman said:

Of course not. It's as if you were renting. The house doesn't belong to you so you can hardly give your wife part of it. It's surely that simple. You will have to pay for your child, assuming that the child lives with your wife in future. 

i know might sound silly but had to ask these courts are so against men!

The courts are NOT against men. The starting point for ALL settlements is 50/50 but Women usually end up with a bit more than men because if children are involved their housing needs are a priory and as they usually reside with the mother she may get a larger split to keep a roof over their heads.

if there are no children or the children have left education the split should be 50/50.

AskAsk

bobby_99 said:

AskAsk said:

as said above, she would not be able to make any claim to your mother's house. 

the only problem i can foresee is if you had paid towards the purchase and mortage of the house even though your name is not on the property deed.  that is, you deliberately made sure the property was protected should the marriage fail, by only having your mum's name on the property deed.

I never paid a dime for the mortgage my mother offered for us to stay in the house for first few years 

then you are pretty safe and she won't be able to claim it.

TBagpuss

bobby_99 said:

maman said:

Of course not. It's as if you were renting. The house doesn't belong to you so you can hardly give your wife part of it. It's surely that simple. You will have to pay for your child, assuming that the child lives with your wife in future. 

i know might sound silly but had to ask these courts are so against men!

No, she won't be able to claim, it is not your property.

Courts are not 'against men'. The relevant laws are all gender neutral and research has shown that men typically end up better off then women following divorce.

How it works is that a court has to try to reach a fair outcome, taking into account both parties needs, resources, earning capacity etc. It is common for women to have a higher share of the immediately available capital as women are still, on average, likely to be lower paid, more likely to be or have been the main carer for any children and therefore to have greater housing needs (if the children continue to live with them)  and to have lower pension and to have sacrificed career progression and therefore have lower income and earning capacity (where they have taken career breaks to care for children), than men. Even where both parties work, in families where there are children women tend to do much more of the childcare and are much more likely to be expected to fit their jobs around the children, which often means that their promotion prospects and ability to climb the greasy pole at work is affected. 

In cases where the wife is the higher earner or where the husband has been a stay at home parent or the main carer then the financial settlement will reflect this. 

74jax

bobby_99 said:

Hello everyone just wanted to ask if anyone can give me a generals answer to this before i speak to a lawyer 
We been married for 2 years and have a child and are getting divorced the house is not in my name but my mothers its her house we lived with her the  mortgage was payed off well before the marriage and in that time she never worked she made no contributions.
So my question is is she entitled to half of the property? its not even mine so if she is then will she share 50-50 with my mother if so then wouldn't i get also a share?
Also i have no assets 

If you have no assets, does your wife? 
If you have been living without contribution to the mortgage where has your salary gone?  I know you say you're wife doesn't work, but even on minimum wage with no housing costs I find it hard to think you haven't been able to save or accumulate anything.  Have you never needed to replace any of your mothers furniture?  Do you use your mothers car?
I struggle how she made no contribution in 2 years, are you saying you worked full time and did everything with the 2 year old and all the housework / cooking?  Were you working from home?  It seems a bizzare set up to me sorry.
Where will your child be living when you both split, if you have the house to live in will you be the main parent with care?  If so then no maintenance should be payable to your wife, but she may have to contribute from her benefits.