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The home

Posted by happyme 
The home
October 02, 2023 09:41AM
I've no plans for divorce and hope to remain married for many years to come but would appreciate advice on the following:

Married for >20 years - a few years back we hit a rocky patch and almost divorced but on my side, i didn't want to split - so i gave the wife her half of the house, partly in cash and partly by paying off her credit cards - then we just agreed for her to live in the house but both of us separate for a time.

Previously the house was in both names but by mutal agreement, the house is now solely in mine

The house was in dis-repair but over the last few years, i renovated it and my wife and i rekindled our relationship - in a very off/on manner - and during one of these "off" manner moments, i got the distinct feeling that she feels she now has an automatic right to half of the house, should anything occur and we finally split up. Currently i pay all the bills and also give her money to live to top up her wages, as her income is much lower than mine

Legally speaking - and as our previous agreement was informal, i'd reluctantly have to agree, she would definitely have a legal claim

Anyway - at present we are both happy together and have been in "on" mode of this on/off relationship for a good few years now but we do have our moments coupled with some infidelity on her part within the last few years, which i have overlooked.


This has made me want to address the "who owns the house" issue though, with myself - as the topic isn't really a topic that i can discuss with the wife, without obvious arguments starting.

My take is that - as we reached a "gentlemens" agreement regarding the house - and without having to raise the topic of conversation with the wife - what steps could i take to make sure the house isn't part of any financial settlement, should that ever arise - even though i never want to get to this stage.

Obviously legally, if i ever found myself at that stage - i imagine the house would be split or worse, which would leave a very bitter pill in my mouth.

My aim is to consider what steps i might take to put the house beyond reach of any financial split consideration should we ever reach that stage in the coming years.

For info the house is also nearly paid off in full.

Any help greatly appreciated.
Re: The home
October 02, 2023 11:28AM
You are married. Whether the house is in your sole name is irrelevant. It is the matrimonial home. How assets would be divided upon divorce would depend upon circumstances at that time - needs, financial resources etc. It may be relevant what your wife has done with the money she received. If at the time of divorce it was still intact and sitting in a bank account that would be one thing. On the other hand, if it was long since gone (and particularly if it was spent for both of your benefit) it would be regarded as water under the bridge.

Basically what happened years ago will probably have only minimal relevance at some point in the future.
Re: The home
October 02, 2023 03:04PM
Thanks, i understand the rights around marital home and agree - sole name is irrelevant.

Perhaps a more direct question, if i were to put the house in the name of my son, who is 18 now and lives with us - in the event of any future divorce, then neither of us would get the house - and my son would still have a place to live ?
Or would courts deem the home usable as marital assets ?

Like i've said already - i'm not expecting divorce and certainly not in the short term but want to have an eye on the future due to the unpredictable nature of the relationship so far.
Re: The home
October 02, 2023 03:12PM
If your son buys the house at market value then that is one thing. However, if it is just a paper transaction whereby you sign the property over to your son such a transfer can be set aside upon divorce and almost certainly would be upon the application of your wife. The jurisdiction of the divorce courts is not thwarted so easily.



Edited 1 time(s). Last edit at 10/02/2023 05:11PM by David Terry.
Re: The home
October 02, 2023 03:40PM
understood, thanks.
Re: The home
October 02, 2023 07:24PM
maybe buy valuable video games. You could start this as a new hobby collecting something stupid like video games. It might be hard to proof they have value. They are just something you play with. But you buy old games that hold their value. Over time could build up a decent portfolio.

She probably won't care about getting your stupid video games



Edited 1 time(s). Last edit at 10/02/2023 07:30PM by Randomer4040.
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