Legal clarification

[simeon1964]

Legal clarification:

My wife has been talking about divorcing me for many years. Our marriage is 27years old. The main asset between us are the property we both have in our name. The other is the Land Property willed to her by her father in her married name. I would like to know if this gift of Land from her father is to be included in the assets for settlement in the event that she proceeds with the divorce or if she has the right to dispose of it without telling me.

[unclebulgaria67]

Interesting question. Surely this would all be subject to negotiation between parties in any divorce settlement. This should include all financial interests including the inherited property registered in your Wifes name. If you could not reach a negotiated settlement, I suspect that as you may not have contributed to upkeep the inherited property, you could not demonstrate any entitlement.

 

As there is no current legal/court process, your Wife can do as she pleases with the property in her sole name. But of course any proceeds remaining from the sale would then be considered within any divorce settlement.

 

If you are not seeing a Solicitors now about protecting your interests if divorce proceedings were to commence, then you should do so.

 

Others on this site have far more legal knowledge and hopefully they will reply. From what I have read and heard about divorce, it can be very complex, as well as expensive, if both parties decide to argue over every aspect.

 

 

[Peterbard]

Hi UB

I think you may be incorrect here. As far as i know, if the couple were legally Married all assets would be split 50/50, upon divorce.

The thinking being that even though one party  made the money, it may be that the other provided support for him/her to be able to do so.

Think of a professional couple, where one agrees to look after the kids whilst the other works.

 

Regards

Peter

 

[unclebulgaria67]

Peter

 

I have been told of two cases, where the Judge has required evidence of how each party has contributed towards a financial asset.  Where one partner has not contributed anything towards an asset, that partner has then not received anything at all.  So there must be case precedents or law that allows for assets to belong to one party in a marriage and the total assets are not split 50/50.

 

I think they can consider indirect contributions, so in this instance, the husband may have contributed more towards the family home finances, as his wife has had to pay money towards upkeep of the inherited property in their name only.  But this would need to be evidenced.

 

And yes you are correct about the other contributions one can make other than financial such as providing childcare or unpaid caring etc.

 

Divorce is complex, which is why many people end up paying  £10,000 plus to a Soliitors. 

[simeon1964]

Thank you guys. The certificate of the land is in my wife's maiden name. Will this make any difference? Given that I paid and contributed to the upkeep and maintenance of the property. It my understanding that she now plan to sell the parcel of land as she claims a complete ownership.

[unclebulgaria67]

Rather than rely on unqualified online opinions, suggest that you see a Solicitors and provide them with all of the information.

 

In your original post, you made no mention of having contributed anything towards maintenance and unkeep of the property asset your wife inheritied and now following replies you state this is the case. 

 

When you see the Solicitors or you sit across a negotiating table discussing the divorce settlement, what evidence can you provide regarding the financial contribution you have made towards the maintenance and upkeep of the property asset your wife inherited ?

 

The property asset in your wifes maiden name only, is not really any of your concern, unless you have gone to Court and the ongoing legal process has placed a stop on your wife selling or transferring the property asset.