divorce - financial query

[help72]

If you get divorced from someone and the house you stay in belonged to you (from before the marriage) and he has no money (he is bankrupt) is he entitled to anything financial?

[bednobs]

there are no hard and fast rules and individual circumsatances will apply in each case. No-one can advise without knowing more i'm afraid

[fredpuli47]

It depends on lots of factors including the length of marriage. Every case depends on its own facts.Assuming you're in the UK [I assume for this purpose that you speak of yourself.If so you'll need a solicitor], the court can do what it likes with your house and the proceeds of it because it's part of the matrimonial property.It doesn't follow that because its in your name alone, you paid for it and you owned it before your marriage, you can keep it as if you'd never married, without his having any rights to any of its value. His bankruptcy does not really change that principle.His present financial state can't remove all his rights.You may be told to pay him maintenance or some lump sum instead of maintenance or maintenance and some part of the equity in the house, who knows?Anything is possible because it depends on the facts of the case,, which dictate the decision.

[Before 1882 you'd have lost it on marriage, since all the wife's property became the husband's on their marriage. That never seems much of a consolation, somehow!]

[Dave G]

Just a thought biut if he had a claim against the house it should have come up at the bankrupsy hearing and the creditors should have had thier payments out of it
Good luck financialy corrupt court system
best Dave

[Dezla10]

Did he ask for anything financial off you before or during his bankruptcy? If so then the official receiver would have had a claim, but if he's been discharged from bankruptcy (normally 1-2years period) then they wouldn't have a claim on anything he received. If divorce or financial proceedings hadn't started at the time of the bankruptcy and the house was in your name only then they probably couldn't claim against it.

As far as him being entitled to anything, can he demonstrate he contributed to the running of the house or anything regarding the household while you were married? or did you pay everything? If he can then he would be entitled to a settlement. The judge will use a 50/50 split as a starting point then take factors into account such us if there's children involved, who earned what during the marriage and any assets such as savings, shares and also any debts - so if he went bankrupt and the debt was incurred when you were together he could claim compensation for that also.

I would recommend trying to agree something between yourselves rather than go through courts as legal fees can be horrific (I speak from experience).