unusual situation of legal separation and entitlements

peanuthead

Hi

I am in an unusual situation and I wonder if anyone could help me.

I don't mind giving details but I don't want to get the thread locked.

Basically, if a couple are separated, the mother left the family home (husband and four children, ages 16 -21 at the time, 21 - 26 now) 5 years ago and is now back looking for entitlements to the home, can it be possible that she will be awarded nothing?

Said woman ran off with religious cult, abandoning everyone with not a word. Now she wants her husband to give her what she's owed by means of a legal separation.

Do we, as the family have any protection rights here or do we have to give in?

Before anyone tells me to see a solicitor I am going to the FLAC centre to get some info and then will start looking at options, but that is not until tuesday and it would be nice to get some opinions before then - maybe I might sleep instead of having nightmares about being homeless.

thanks in advance.
p

peanuthead

just wonderin - is the legal time apart before you can ask for a separation 5 years?

Cunsiderthis

peanuthead wrote: »

Hi

I am in an unusual situation and I wonder if anyone could help me.

I don't mind giving details but I don't want to get the thread locked.

Basically, if a couple are separated, the mother left the family home (husband and four children, ages 16 -21 at the time, 21 - 26 now) 5 years ago and is now back looking for entitlements to the home, can it be possible that she will be awarded nothing?

Said woman ran off with religious cult, abandoning everyone with not a word. Now she wants her husband to give her what she's owed by means of a legal separation.

Do we, as the family have any protection rights here or do we have to give in?

Before anyone tells me to see a solicitor I am going to the FLAC centre to get some info and then will start looking at options, but that is not until tuesday and it would be nice to get some opinions before then - maybe I might sleep instead of having nightmares about being homeless.

thanks in advance.
p

Your post seems to imply that, because one of the parties is, in your eyes, at fault, then that party should have no entitlement, or less entitlements, to the division of property and assets in the event of a separation or divorce.

Is that what you imply?

You also ask if you, as a member of the family (which I am assuming to be one of the children of the marriage) have any "protection rights". I'm not sure what you mean by that or what you mean by "do we have to give in?" either.

It might be deemed unusual for the adult emancipated children of a couple to have any stake or claim on the assets of their parents on separation or divorce.

If one or other of the children are still in full time education, for example, then any separation or divorce agreement will in all liklihood take that into account.

peanuthead

Cunsiderthis wrote: »

Your post seems to imply that, because one of the parties is, in your eyes, at fault, then that party should have no entitlement, or less entitlements, to the division of property and assets in the event of a separation or divorce.

Is that what you imply?

You also ask if you, as a member of the family (which I am assuming to be one of the children of the marriage) have any "protection rights". I'm not sure what you mean by that or what you mean by "do we have to give in?" either.

It might be deemed unusual for the adult emancipated children of a couple to have any stake or claim on the assets of their parents on separation or divorce.

If one or other of the children are still in full time education, for example, then any separation or divorce agreement will in all liklihood take that into account.

Thanks for the reply.

Its so hard to really give you the full details without being way to personal, but I'm not saying that just because she is at fault that she should have no claim.

I'm not too knowledgable about any of this and my first post was probably a lot of rambling.

If my mother wants to sell the house for her half and my dad doesn't want to sell, what happens? Court?

My dad and us 4 live together, she basically ran off with a religious cult and is now going oversees to join them. By protection rights I mean that if my dad only gets half the house we are effectively homeless. My dad works but is currently on paid sick leave. I am in college this year but will hopefully be working next. Brother and sister unemployed, sister doing part time ed. Have another brother in UK studying. We are 26, 24, 23, 21 in age.

I know she's entitled to what she paid for, but I feel that under the circumstances there have to be some laws in our favour, no?

Goesague

In the situation of a separation or a divorce, the court takes a range of factors into account. These include responsibility for dependant children i.e. children under 18 or under 23 and in full time education. It is not a question of paying back the amount contributed.
The reality of this is that by the time it gets to court there may well be no dependant children. The court may well tell you to join the adult world and provide your own accomodation. Start saving!

peanuthead

Goesague wrote: »

In the situation of a separation or a divorce, the court takes a range of factors into account. These include responsibility for dependant children i.e. children under 18 or under 23 and in full time education. It is not a question of paying back the amount contributed.
The reality of this is that by the time it gets to court there may well be no dependant children. The court may well tell you to join the adult world and provide your own accomodation. Start saving!

Its not me I'm worried about to be honest. It's my dad. He has worked very hard to raise us and dealt with a lot of crap in the aftermath of my mam's sudden decision to go nuts.

He lost a lot of his freedom by having to take up extra hours in work just to cover the bills and keep 5 mouths fed. While we're all at the stage where we are big enough and ugly enough to look after ourselves he is actually going the other way.

He's not ancient, but he isn't getting any younger, these should be his winding down years, he literally laid the foundations of this house ans he is heartbroken at the thought of having to give it up.

Not to mention the fact that at his age he cannot get another mortgage. And half the amount of the sale on this home is not likely to house him elsewhere.

She is a successful woman, she does not need this but is taking it anyway. I know she's entitled to it but I'm just finding it hard to justify her reasons to be honest (this is turning into a PI thread!) The funny thing is that if this goes to all out war my dad will come off better financially - but he doesn't want anything from her except the house!

Can anyone tell me why my mothers solicitor wants my dad to visit him? Is it to confirm that he wants to go ahead with the separation? What if he says no? Are they going to give my dad a list of her 'demands' for want of a better word?

thanks for help.

Jo King

I don't know why a solicitor would want someone to visit him, but nobody should meet a solicitor acting for another party, without first consulting his own solicitor.
At the end of the day separations and divorces are often messy. There are rarely winners.
Either people agree on what to do, or the court imposes its own resolution. There is only so much room for emotion. Proper provision for all parties into the future is the goal.
The court pays little or no attention to the conduct which led to the separation or divorce.
Divorce is a very stressful experience in life. The consequences can be drastic for all concerned.

peanuthead

Jo King wrote: »

I don't know why a solicitor would want someone to visit him, but nobody should meet a solicitor acting for another party, without first consulting his own solicitor.
At the end of the day separations and divorces are often messy. There are rarely winners.
Either people agree on what to do, or the court imposes its own resolution. There is only so much room for emotion. Proper provision for all parties into the future is the goal.
The court pays little or no attention to the conduct which led to the separation or divorce.
Divorce is a very stressful experience in life. The consequences can be drastic for all concerned.

Thank you for your input. It is very helpful.

I spoke with a friend who is in the legal profession and she told me pretty much the same thing.

The 'visit me' thing wasn't meant in that way, rather it was asking my dad to reply himself if he is representing himself or by solicitor if he's not - which he's not !!

I feel a little more clued in after getting these few responses so thanks to all involved in providing them!

McCrack

There are a lot of issues at play but as stated the bedrock for resolving family law is "proper provision" to the made to the other spouse. Go onto citizens information website. It explains family law and the practicalities of it well