Legal Question in Family Law in United Kingdom
Divorce, property and children
I am just about to apply for a divorce and my ex and I agree on all childrens access etc. I just wanted some advice on property. When we were together 5 years ago we owned a property, he then inherited a property from his grandmother and she left in her will half to him and half to our two children (aged 11 and 8 years) when they turn 21 or they can use some of the money before for university or whatever they need until they turn 21 and the balance is given to them. He signed the mortgage of our marital home over to me solely as long as I did not try to claim half of his half or my childrens half. I agreed to this only verbally to him, but I wondered what I and my children are entitled to now. I have the children with me in a small house 6 days and nights a week. He has them for 1 night and 1 day a week in a much larger house. Would I be entitled to a share of his house so I could bring my children up in a better area and a larger house? I do not want to cause ill feeling between us as we have a good relationship because of the children. We were together for 12 years and were married for 2 years before we seperated 5 years ago. Please advise me what you think I should do. Thank you in advance.
1 Answer from Attorneys
Re: Divorce, property and children
This agreement which you entered into with your husband is not binding or legally enforceable. On divorce the Court's have an almost absolute discretion to divide matrimonial assets of which the property inherited by your husband forms part. You are therefore entitled to make a claim against this property although of course I am unable to say whether it would succeed without further information.
Andrew Dutton
www.legal-zone.co.uk
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