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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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My Daughter and her Husband appear to be on the verge of a

Customer Question

My Daughter and her Husband appear to be on the verge of a complete marital breakdown. He owns the property in which they live. They have been married 3 years bu co-habiting for 7. They have both been married before - our Daughter has 2 childred by her late previous husband and he has one child by his late ex wife. All three children live with them full time.
Where does my Daughter stand in the event of divorce.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Do you mean financially or regarding living in the house?
Customer: replied 4 years ago.

Hi there - They are in the process of selling their current home as they wish to downsize but with their relationship being precarious \jane is very worried as to what would happen if they split up. He has said he will not put her name on the deeds of any new property they purchase. They have a large mortgage and he supports all three children. It has been a stumbling block with our grandkids not wishing to be adopted and wishing to keep their own name. Their father died when they were 5 and 15months old and there are no other childrren in that family. they are now 14 and 11. His daughters mum died 3 years ago - she is now 16 and was left a seven figure sum by her mother which is in trust until she is 25 or so.

Customer: replied 4 years ago.


Expert:  James Mather replied 4 years ago.
what does she want in an ideal world? Apart from the obviousreply of remaining married?
Customer: replied 4 years ago.

She wishes to stay married and loves her husband but things are becoming unbearable and is concerned he could simply turn her out of their home. If they did split up does she have any claim on the property they are living in with regard to divorce and would he have to support her in the future in any way.

Customer: replied 4 years ago.

ok service

Expert:  James Mather replied 4 years ago.
It is the marital home and she has as much right to the value of it and to live in it as he does. He may think that he is being smart by keeping it in his sole name but it makes no difference whatsoever. She is still entitled to live in the house (and even excluding him by court order if there is an allegation of violence) and entitled to just as much of the financial proceeds as if it was in joint names. He is not as clever as he thought he was.
The unless the sale of the house would produce enough money to provide a home for her and dependent children until they are 18 and give him some money, he is going to have to whistle for a sale until the youngest child is 18.
Meanwhile, if he moves out, he is not liable for the bills or the mortgage of a house that he does not live in.
He is responsible for child maintenance and there may be a responsibility, depending on her income and his income need, for spousal maintenance.
They should try to resolve matters using family mediation
Although it is quicker and less confrontational than court it isnt necessarily cheaper

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