Entitlement after marriage breakdown

endofrainbow

A friend of mine has split with her husband. There was no mortgage on the house as it was her family home and remains in her deceased father's name. Solicitor made a few half hearted attempts to contact her about getting the house into her name as per the father's will but ex-husband kept the letters from her.

Husband's solicitor has said he is entitled to a share of the house and wife's solicitor is non-committal. They have one teenage child who hopes to go to college.

I've suggested she gets a solicitor who specialises in Family Law.

Anything else she can do ?

Mrs OBumble

Does she have any siblings who could contest the will?

Does the husband have a career? Which of them took time out of the workforce to raise the child?

99nsr125

endofrainbow wrote: »

A friend of mine has split with her husband. There was no mortgage on the house as it was her family home and remains in her deceased father's name. Solicitor made a few half hearted attempts to contact her about getting the house into her name as per the father's will but ex-husband kept the letters from her.

Husband's solicitor has said he is entitled to a share of the house and wife's solicitor is non-committal. They have one teenage child who hopes to go to college.

I've suggested she gets a solicitor who specialises in Family Law.

Anything else she can do ?

Nope, he's entitled to half
That's just how it is

endofrainbow

Mrs OBumble wrote: »

Does she have any siblings who could contest the will?

Does the husband have a career? Which of them took time out of the workforce to raise the child?

Siblings won't contest. She was her father's carer til he died. Stayed home to raise the child.

Husband has an excellent well paying job.

Mrs OBumble

She needs a really good family law solicitor. She should be eyeing up a share in his pension, rather than him eyeing up the house.

It won't be that simple, if he's given up getting on the property ladder because of her house. OTOH, nothing was stopping him from buying a property and managing it as a rental. And if he was frustrating execution of the will, that might be some more fun for the solicitor too.

99nsr125

Mrs OBumble wrote: »

She needs a really good family law solicitor. She should be eyeing up a share in his pension, rather than him eyeing up the house.

It won't be that simple, if he's given up getting on the property ladder because of her house. OTOH, nothing was stopping him from buying a property and managing it as a rental. And if he was frustrating execution of the will, that might be some more fun for the solicitor too.

Nothing about a pension has been mentioned you're just making stuff up or transferring your conflict into the post.

You can either mediate an agreement of who gets what or go to court.

Where the outcome is a 50:50 split and maintenance from higher earning spouse for children till they are finished in education ~circa 21 or 22

Victor

99nsr125 wrote: »

Nope, he's entitled to half
That's just how it is

No it isn't. Asserting that this is the case does a substantial disservice to the OP and others.

Mrs OBumble

99nsr125 wrote: »

Nothing about a pension has been mentioned you're just making stuff up or transferring your conflict into the post.

You must have missed:

endofrainbow wrote: »

Husband has an excellent well paying job.

I'll pretty much guarantee he has a pension plan, which has a value. Possibly quite a high value, since he hasn't had a mortgage to pay.

Edgware

endofrainbow wrote: »

A friend of mine has split with her husband. There was no mortgage on the house as it was her family home and remains in her deceased father's name. Solicitor made a few half hearted attempts to contact her about getting the house into her name as per the father's will but ex-husband kept the letters from her.

Husband's solicitor has said he is entitled to a share of the house and wife's solicitor is non-committal. They have one teenage child who hopes to go to college.

I've suggested she gets a solicitor who specialises in Family Law.

Anything else she can do ?

If the house was bequeathed to her the fact that the property was not put into her name does not rule out the husbands entitlement.
It would be very difficult to rule him out on the allegation that letters were witheld. She wasnt stopped from making a phone call. In a court situation it is the welfare of the child will be the main factor. Issues such as ongoing maintenance, access to pensions etc can either be settled by negotiation or a Judge's decision