Marriage breakup

[david123]

Any legal beagles on here.
My brother-in-law and his wife have split up, I was speaking to him on the telephone last night. He seems to be convinced that as his wife (an accountant) has paid more into the house than he has (he is a self-employed gardener) that he will only receive a smaller proportion of any monies when the sale of the house is completed. As they've been together for about 30 years, I would've thought that the proceeds of the house would be split down the middle.
Not ever been involved in this sort of thing before, I don't have a clue. Is there any legal precedents that I can point him to to ease his mind?

He walked out on her and has been staying with friends. There are no children involved.

 

[Random Orbital Bob]

his wife being your sister? Or am I missing something?

 

[david123]

Hi Bob
He is my wife's brother.

 

[Random Orbital Bob]

That's the one Senior moment there.

 

[david123]

Lol
I get plenty of them Bob

 

[Random Orbital Bob]

with no children involved makes it simpler and I believe the following would be a likely settlement algorithm.

She will likely argue that her greater income contributed more to the estate than his and as such is deserving of a greater proportion. My guess is that because house price growth has been so substantial over those 3 decades that a court might rule she is entitled to any additional capital she originally invested in the home but that the inflation of the estate would need to be equally divided.

In other words, if when they originally put down the deposit, she contributed £5K and he only £1K, then she might be awarded that. But I would be surprised if the big number ie the equity growth in the property were not equally divided.

In addition if they have an savings that are clearly separate, they might be entitled to keep them disproportionately. But I doubt it, with no kids I think it will be an even split pretty much. The earnings differential doesn't carry much weight in law because its a partnership. (Was).

 

[david123]

Thanks Bob
That is what we where hoping for. I couldn't see how he could be penalised for not having the same earnings potential over their marriage together.

 

[wizard]

mine was split down the middle and she got the bigger half

 

[Terry - Somerset]

You need to take some proper advice - in addition to the property there may also be pension implications to think about - important as I guess having been together for 30 years he may well be in his 50s. Not based on personal experience but that of a close friend who as the higher earner at the time of divorce will have to pay a significant part of his pension to his former wife. Don't know the details but if the finances can be settled amicably through a mediation type service they will probably both benefit financially and emotionally.

Rgds

Terry

 

[Glynne]

Hi Dave,
You gave me a fright when I saw Dave123 and "Marriage Breakup" - I thought C had given you your marching orders!
As per Terry's post, get some professional advice. There can be all sorts of implications of pensions, inheritances etc and we have known arguments based on non-financial contributions to the household such as domestic duties, maintenance as being contributions in kind.
I know as part of my sister's divorce settlement that she got 50% of her ex's lump sum on retirement despite the fact that he was the main earner whilst they were together. The same might apply to your brother in law?
Maybe the CAB as a starter but I would think they would advise you to go for professional advice.
Cheers,
Glynne

 

[david123]

Thanks for that Glynne
No, we are fine. Mrs C is a bit upset as am I, but these things happen in life and need to be sorted out. We have been trolling the internet to get a better idea of the issues involved.

 

[whiskywill]

We have been trolling the internet to get a better idea of the issues involved.

I hope you mean trawling.

 

[david123]

Lol, I did.

Thanks for all your advice guy's and thanks Glynne for the chat, great help.

 

[Baldhead]

Get proper advice ASAP in the meantime ask any questions here

http://www.thelawforum.co.uk/forums/ask-question-here

Baldhead

 

[david123]

Great link, thank you
I will bookmark that and send a copy to my BIL. It will come on useful to answere any questions that should arise, as they will, as time goes by.

 

[pebbles]

Please please be careful about solicitors... I racked up an almost five figure sum in fees, ended up no better off in terms of knowledge or progress and had to do it myself anyhow.

 

[Random Orbital Bob]

That's pretty good advice. The mediation services are by far the best way to go in terms of both parties saving anguish and a lot of money. Of course not all solicitors are out to take all your money but I have heard awful war stories where the legal council is egging the hatred on to string the gig out as long as possible so they remain fee earning. If they can swallow their pride and remain civil, its easily the best route to take.

 

[Spindle]

Hi

Should we have a separate forum for personal problems??

Sympathies and all that, but what has this got to do with handiwork? It's not even the OP's issue!

Regards Mick

 

[pebbles]

It is in General Chat... :?

 

[Random Orbital Bob]

To be fair Mick I've always understood general chat to be precisely that. Generic. I think there are many members who trust this community well enough to share some quite personal stuff because they know they are going to receive some pretty seasoned advice. There's a fair few years of life experience out there and the recent number of posts of a legal nature seem to me to reflect how well established and trusted this community has become.

I wouldn't want it to get like an agony aunt column but personally I think it shows us in greater than one dimension.