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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Parents Property, son renovates

Customer Question

- Parents bought house outright. The house is in parent's company name

- Parent allow disabled son to live in house alone

- Disabled son has made consented renovation of over 15,000 pounds to property with his own money

- If son's marries and lives in house alone with wife, is house likely to be classed as marital home if there is a divorce?

- The aim is to prevent home being taken by a potential wife if disabled son gets divorced. To safeguard against this, would a minimal rent payment (e.g £100 a year) by son to parent's property holding, for staying in the house, prevent the house being classed as a marital home that could be lost if a future divorce occurs

Submitted: 4 years ago.
Category: Family Law
Expert:  Aston Lawyer replied 4 years ago.

Hi there,

Thanks for your enquiry.

Provided the property remains in the parents Company's name or indeed the parents names, then any spouse of the Son could not make a claim against it in any subsequent divorce proceedings.

This is because any divorce Court can only look at assets that are owned by the 2 parties who are getting divorced, when deciding on the division of those assets.

As the property would not be owned by the Son, it can not therefore be included- it would make no difference if rent or no rent was being paid- the Court could not order that the house be sold and a percentage given to wife, as it would have no power to order that a third party's property be sold and that party's money be given to wife!

The only thing the Court would take into consideration when looking at the assets of the parties would be the £15,000 "share" the Son had in the property. However, again, they would not have jurisdiction to order a Sale so that Wife received a share of this £15,000.

I hope this assists and answers your question.

Kind Regards