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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mom's husband (he isn't my dad) has recently announced that

Resolved Question:

My mom's husband (he isn't my dad) has recently announced that he is becoming a woman and is legally changing his name (both his Christian and surname). Once he does this he is planning to leave my mom and demanding half of everything.
My mom came into some money and has done up their house and bought a new car etc. When she purchased the car she bought it in her name but it is registered to him and he is planning to take the car and sell it to set him up in his new place.
Where does my mom stand in terms of him taking half of everything? How does him changing his name affect their marriage?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have they lived together and what is the value of the assets.
How much did your mother inherit?
Clare
Customer: replied 2 years ago.
Hi Clare, thank you for your reply.
They have lived together for approximately 10 years. I'm not entirely sure of the current value of the assets but I believe she inherited about £50,000
Expert:  Clare replied 2 years ago.
Hi
Who owns the house?
Clare
Customer: replied 2 years ago.
Hi Clare,
Neither of them, they live in a local authority property.
My mom has never had money. The money she has now came partly from a payout at her job after because they had been underpaying her for years. The rest of the money came from an accident claim after she was knocked over in the street and dragged down the road by a van.
Expert:  Clare replied 2 years ago.
Hi
How much is the car worth and is that all he intends to take?
Clare
Customer: replied 2 years ago.
The car is worth about £10,000. He also said he wants the television that she bought that cost about £2000 and he said he wants half of everything else.
Expert:  Clare replied 2 years ago.
Hi
Just to clarify - does your mother wish to end the marriage?
Clare
Customer: replied 2 years ago.
Hi Clare,
Yes, but even if she didn't he has told her that he has these forms that he needs to get signed by his GP and the gender reassignment clinic. Once the forms are signed he intends to change his entire name and from that day forward he will legally be a woman.
He has also told her that once these papers are signed he will be taking them to the local authority housing office who will find him somewhere else to live.
How does his change of name affect their marriage since the person she married, in name at least, will not actually exist anymore.
Expert:  Clare replied 2 years ago.
Hi
In fact it is not that simple.
He will remain married to your mother and there us certainly no guarantee that s/he will be rehoused
With regard to the contents it is reasonable that he has a share - but not that he takes the expensive items purchased with your mother's money.
In terms of a settlement if he keeps the car then that would be a generous settlement - and on that basis he should leave the contents.
Your mother should issue a divorce petition based on his Unreasonable behaviour
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare,
Sorry to keep bothering you.
Does the fact that he doesn't work now and they live off of my Mothers wages and her money make a difference?
It just doesn't really seem fair that he is entitled to anything given that he doesn't contribute to the household bills and the contents of the house and the car were all purchased by by Mother.
Expert:  Clare replied 2 years ago.
Hi
The length of the relationship means that he will get something - although in all honesty £5,000 would be a more appropriate settlement - so much depends on the current value of the car
Clare
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