Wife's Entitlement

[kanwal3017]

My brother wants to marry a girl from abroad. He owns a house and a lot of money in his bank account. Will his new wife automatically be entitled to half his wealth?

[trt]

Is she here on a spouse visa, or visitors visa?

[EDDIE51]

As far as I am aware a husband and wife are regarded as one and all their property is jointly owned.

[hc4361]

No, she wouldn't. There is no automatic right to a 50/50 split and if the parties can't agree between themselves the court takes a lot of different factors in to account.
She would not automatically be entitled to maintenance for life, either.

[hc4361]

http://www.divorceaid.co.uk/financial/index2.html

[Islay]

Are you asking on behalf of your brother?
You could suggest a prenup, as I believe should something go wrong he may be asked to provide support.

[mikey4444]

Unless he makes a Will after his marriage, his new wife stands to own all his worldly goods when he dies.

Don't forget, and Will that he may have made now, ie before his marriage, will be rendered null and void by any subsequent marriage.

[melv16]

I know several men who have been ripped off by scheming women. Tell him to stay single!

[hc4361]

Prenups are not enforceable in the UK although a judge may take one in to consideration if they are done properly with both taking independent legal advice before signing it

[Hymie]

mikey4444 – Your post suggests that all Wills are automatically null and void following a subsequent marriage.

This is not the case; a Will made where there is a clear statement that the Will is made with the contemplation of a forthcoming marriage - will not be voided by that planned wedding taking place.

[Guilbert53]

>>>I know several men who have been ripped off by scheming women.

Not only scheming women.

My wife and I split up over 30 years ago and she was allowed to stay in the house with our two children and I had to pay money to her and both our children till they were 18.

She then bought me out the house with an offer far less than half the value of the house but as she had no way of raising more money I had to accept it.

Sadly she then drank herself the death (she was an alcoholic) so I got nothing out the house as it then went to my two children (who were grown up by then).

The system does seem to be geared more to favour women than men (though I accept she did stay at home and bring up the children while I lived in this ***ty house in a ***ty area as it was all I could afford) !

Stay single !!!!

[hc4361]

Guilbert - you didn't have to accept her offer. You could have applied to the court for an order for sale and division of the property - you would have got at least half of the equity.

[mikey4444]

Hymie....most people die intestate, so the amount of people that have the sort of Will that you stipulate must be very small indeed.

The reality here is when this chap dies, his new wife will stand to inherit everything.

My advice to kanwal3017 is for her brother to make a new Will immediately after any wedding, if he wants anybody else other than his new wife to inherit anything.

Sadly, its likely that he won't do that.

[EDDIE51]

Are some of us jumping the gun?The question is about possible marriage and we are already talking as if they are getting a divorce.

[Guilbert53]

>>You could have applied to the court for an order for sale and division of the property

The problem was that both my children were still living at home even though they were over 18.

I could have forced the sale but then they would have had to move to a new, much worse area and I was not prepared to put them though that (they already blamed me for the break up for the marriage as I moved out, even though it was their mum who was the alcoholic!).

Anyway, I wanted some money to build a loft conversion on the house I was buying so it suited me at the time.

Divorces are a right mess and sadly it is never mice for any member of the family.

One of my sons, who is now nearly 40, still has a chip on his shoulder about me leaving the family home, partly because it was him who found his mother dead in bed.

Life eh!

[Guilbert53]

>>>mice for any member of the family.

NICE not mice !

[Giggsie]

If a will is made in Scotland before marriage it is not void on death. Wife can be left homeless if will not changed after marriage.

[anneasquith]

Whatever your circumstances make a will.