Is He Entitled To Half The House?

[renegadefm]

My partners friend owns a house that was left to her by her grandfather in his will, so when he died the house became hers. 

She was married at the time, but since then the relationship as broken down, but the husband never actually lived in the house she inherited. 

They are now seperate with a devorce on the horizon, but he has won a case in court and claimed half the value of the house once it's sold. 

But it puts her in a sticky situation as she will be left with roughly £70.000, which is no where near enough for a house, and unable to get help, as she would have too many savings.

Is he really entitled to a house that was basically a gift to her, and he never lived in? 

[renegadefm]

Sorry without asking her I have no more specific details. 

She doesn't work, so couldn't afford to buy his half out. 

What I meant by she will be basically homeless, is all she will have is roughly £70.000 depends on what the house sells for, but the guide price is £140.000.

So £70.000 will all she has to use for rent, general things like weekly groceries for her and her 3 kids, clothes, bills. In my opinion the £70.000 will soon be swallowed up, and what happens then? 

The law stinks in my opinion, because although they were married, her husband didn't raise a penny towards the house she inherited from her grandfather. 

That was a gift to ensure her financial security and her kids security, its not right the ex husband can claim half, especially as he is in full time employment. 

It all seems very wrong indeed. 

 

[barry1010]

Hopefully he is supporting his children at least 

[calmck]

She should see a solicitor and also apply for child support and get custody and parental rights sorted quickly

[Canary42]

I presume the judge in the case he won was a man.

[barry1010]

Makes no difference, the judge applied the relevant laws

[bednobs]

why can't she work?

[bednobs]

plus how was she planning to pay for clothes and bills and food even if she stayed in the house?

[Redhelen72]

Would you be so upset if the shoe was on the other foot and she was getting half her husband's estate?

70 grand is a lot, she won't be homeless and will be able to provide for the children.

very fortunate 

[bednobs]

youre  right helen, there are plenty of people who DON'T have an inheritance to fall back on i suppose!

[Barmaid]

If it has already been decided by the Court that he is entitled to half the house, then yes, he is entitled to half the house.  She is going to struggle to go behind a Court Order.  Only thing she can do is take advice on an appeal.

[renegadefm]

I presume she's on child benefits. 

I'm also assuming due to her looking after 3 children is why she can't find a suitable job to fit around school runs etc. 

The father doesn't seem bothered with being a father or doing school runs etc. 

I'm assuming he pays maintainace but I'm not sure. 

 

I just was so shocked he had the nerve to claim half the house he didnt even live in, and was left to her in her grandads will, its all so very wrong in my eyes. 

Her grandad would be turning in his grave if he knew what was happening now. 

[douglas9401]

Unusual to see a man getting a fair shake in a situation like this.

Maybe the tide is turning.

[barry1010]

It's not unusual, division of assets means just that.  The person in the marriage with the most assets loses the most.

Vanessa Feltz wouldn't marry her very long term live in boyfriend because  her previous divorce cost her a lot of money.

[douglas9401]

"The person in the marriage with the most assets loses the most."

Unless that person lives in a civilised country where adultery was committed and (she) got half of what was amassed during the marriage instead of being able to plunder the whole.

Such joyous larks when that gem was unveiled.

[bednobs]

i guess where theres a will theres a way.  breakfast club, after school club and so on.

[renegadefm]

Problem is the husband has claimed half of the house, yet he would be more likely to be financially safe as he's in full time employment, and already rents a place. The judge surely should look at the situation as the 3 children are living with the mother but she survives on benefits as far as I know, and possibly child maintainace from the husband. 

I can't see why he would need half of the house, which means turfing his ex wife and the kids out of their secure home. 

Its upsetting for the kids, and how is this morally right I will never know. 

This country is upside down. 

[Redhelen72]

How would you feel if she got half of his inheritance?

[barry1010]

renegade, you are just repeating yourself in every post. You nor your wife have all the facts and figures that the judge had, you don't know what other provisions are in the judgement nor any orders made for maintenance.

You have only heard one half of the story and that is rarely balanced.

Yes, on the face of it, it is unfair but divorce is usually messy and unfair.

[nicebloke1]

She could make herself an occupier by registration with the council/ council tax department that maywell secure the property from being sold.??

[barry1010]

No it won't.