Sister getting screwed!
Discussion
Hi Everyone, my first post so bear with me.
My sister has been married for 3 years and has two children with her husband. The mortgage is in her husbands name and she has made only minimal contributions due to working part-time because of two young children.
The husband has offered to give her approx £70 per week maintenance (earning are £32k + £5k annual bonus, pensions and company car). He is also giving her nothing from the house (they currently have only approx £6k equity).
Is she entitled to more from the house! she is such a pushover and thinks that if she agrees to everything he says, they can remain 'friends'.....
My sister has been married for 3 years and has two children with her husband. The mortgage is in her husbands name and she has made only minimal contributions due to working part-time because of two young children.
The husband has offered to give her approx £70 per week maintenance (earning are £32k + £5k annual bonus, pensions and company car). He is also giving her nothing from the house (they currently have only approx £6k equity).
Is she entitled to more from the house! she is such a pushover and thinks that if she agrees to everything he says, they can remain 'friends'.....
No need for the legal route just yet, as the maintenance can be sorted before that.
Current CSA guidelines are 20% of post tax income for two kids. Pension and BIK on the car will reduce that net income, bonus will increase it.
House will need sorting out legally, at divorce time, but as the marital home, is effectively a marital asset, regardless of payments etc. She is probably best advised not to leave, as that weakens any negotiations later.
If there's any advice to be dished out, it's please please please put the kids first. Adult stuff happens, but try and remain civilised.
Current CSA guidelines are 20% of post tax income for two kids. Pension and BIK on the car will reduce that net income, bonus will increase it.
House will need sorting out legally, at divorce time, but as the marital home, is effectively a marital asset, regardless of payments etc. She is probably best advised not to leave, as that weakens any negotiations later.
If there's any advice to be dished out, it's please please please put the kids first. Adult stuff happens, but try and remain civilised.
A quick chat with CAB would be a good start for your sister. In my experience you can both go into these things aiming to be reasonable but you won't necessarily come out the other end in the same state.
Whatever the outcome it doesn't hurt to have some impartial and accurate advice early.
Whatever the outcome it doesn't hurt to have some impartial and accurate advice early.
I wish people would stop spouting crap about a 50% entitlement, there is no such law.
OP, how long have they been cohabiting, how old are the children, how much is the mortgage and is she still residing in the house?
She needs to see a solicitor and register a Martimonial Homes Rights notice on the property at Land Registry.
OP, how long have they been cohabiting, how old are the children, how much is the mortgage and is she still residing in the house?
She needs to see a solicitor and register a Martimonial Homes Rights notice on the property at Land Registry.
PurpleMoonlight said:
I wish people would stop spouting crap about a 50% entitlement, there is no such law.
OP, how long have they been cohabiting, how old are the children, how much is the mortgage and is she still residing in the house?
She needs to see a solicitor and register a Martimonial Homes Rights notice on the property at Land Registry.
there is no law, but with children etc and her still living in the house his position becomes pretty rubbish. OP, how long have they been cohabiting, how old are the children, how much is the mortgage and is she still residing in the house?
She needs to see a solicitor and register a Martimonial Homes Rights notice on the property at Land Registry.
all the divorces I've seen the wife has got at least half, in most cases the whole thing
the children are 3 and 7, they've been cohabiting for approx 8 years, and bought this house 6 years ago (in his name). the problem now is that she is leaving the home to rent another house and she will get the council to do what her husband should be doing, which is maintaining the children.
I am very close to giving up on her and letting her do what she wants!
I am very close to giving up on her and letting her do what she wants!
kejoma said:
the children are 3 and 7, they've been cohabiting for approx 8 years, and bought this house 6 years ago (in his name). the problem now is that she is leaving the home to rent another house and she will get the council to do what her husband should be doing, which is maintaining the children.
I am very close to giving up on her and letting her do what she wants!
32K is 460 a week, before taking any pension or BIK deductions. I am very close to giving up on her and letting her do what she wants!
The CSA guidelines would suggest 90 quid a week or so, so he may be spot on with regards to what he should be doing in respect of the children.
Supporting your sister is another matter, and he has no obligation to do so until agreed or court dictated.
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