They married in 2000 and were living together for about 2 years before that. My sister no longer works she is aged 53. My brother in law earns about £50,000. Neither of them wants to make a maintenance claim against the other. They are happy to go their separate ways.
They just need to sort out the two houses. My brother in law is the named owner of one of the houses and it's worth around £250,000 after the mortgage is paid off and my sister is the named owner of the the other house which is worth about £190,000 after the mortgage is paid off. They regard these assets as joint assets. The two houses are currently rented out.
The reason they haven't divorced is that my sister has been trying to make it work and hanging on. They have lived together for a few months on a couple of occasions over the last 7 years but not for over a year now. My sister doesn't really want a divorce and she is avoiding the pain of of going through it.
But as my Dad died last July she is going to come into around £200k of cash in the next few months. Although her ex may not pursue this money I guess he could and may feel tempted. So the key thing is how to ring fence the money as they separated in 2007 and so it would seem unfair that he would get a share of that money.
Thanks for your help.