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Landlord renting to brother, spouse divorcing

Posted by woodywood11 
Landlord renting to brother, spouse divorcing
September 19, 2022 11:49PM

I own a property (in my sole name) which I rent out to my brother on an Assured Shorthold Tenancy Agreement (England) which I have done for the last 4 years. My brother's spouse and children live there as permitted occupiers. They have been married for 9 years.

Unfortunately my brother's spouse is looking to divorces him (it is sill early days).

Although still early days, my concern is that my property will be at risk from being included into the marital pot, even though I charge rent, pay for mortgage, insurance, bills, maintenance, gas safety etc. Basically all the responsibilities you'd except from a landlord. Admittedly I have perhaps been more charitable with my brother compared to say a non family member, for example, the tenancy is in rent arrears and I did not take a deposit, but the notion of what is overly chartable could be somewhat subjective

The question - is my property at risk, despite the efforts that can be demonstrated as a Landlord?

Many thanks
Re: Landlord renting to brother, spouse divorcing
September 20, 2022 10:50AM
If it is your property and can clearly be shown to be such then it is not matrimonial property and should not be at risk in your brother's divorce. Of course, there may be more to this than meets the eye but in principle your property is your property and its ownership has nothing to do with your brother or his wife in any divorce proceedings.
Re: Landlord renting to brother, spouse divorcing
September 20, 2022 06:42PM
OK thank you.
Assuming the case is as simple as described (I know in reality it rarely is) but all being good, do you think the spouse could have a claim on my property asset on the basis that I have been charitable to them as a family by charging them lower than market rent, not taking a deposit and allowed rent arrears to accumulate without legal recourse.

...Or, in your opinion would my brother's spouse need something more than this than just proving that I have been a charitable Landlord, in order to take a stake?

Edited 1 time(s). Last edit at 09/20/2022 06:51PM by woodywood11.
Re: Landlord renting to brother, spouse divorcing
September 20, 2022 07:34PM
Unless you have done something underhand, such as your brother purchased the property but put it in your name to avoid something down the line then it is as a David says, it is your property and no one else has any claim on it.
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