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Marriage: What is your ex partner entitled to if you sp... - Apr. 17 2008 17:27:30
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tbip2001
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First off, let me appologies in advance for what is a deeply synical post. Unfortunately, life has made me a synical person.
I would be grateful if we could stick to the question at hand though guys...
So, I am considering marriage, however the idea scares the **** out of me financially should we split.
My partner is fantastic, and we have discussed this in a round about way, and she assures me she would never get nasty or try to take anthing that wasnt rightfully hers.
However, people change, and cercumstances change so I wouls like to know the ins and outs of what I am getting into.
Lets say we get married, and are together 2 years. She lives in my house (of which I have equity in). After 2 years, we split and it gets nasty.
Is she entitled to some of my property? Also I own a share in the family business? Is she entitled to that?
Does this change if we are married longer? Does it change if we have kids?
Thanks guys
tbip201
< Message edited by tbip2001 -- Apr. 17 2008 17:28:22 >
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:35:05
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Drago
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Its not a clear cut area of the law as far as i know.
It all depends on her input to the household and whether she had a part to play in you amassing your fortune so to speak.
even if she has had no financial input into the house she may still be entitled to a portion of its value through equitable principles of the law in england.
It does change if you have kids as depending on who gets them the other will be entitled to childcare payments.
Not sure but i dont think she would be entitled to your share in the family business as it was there long before she came on the scene (i am assuming) and therefore she had absolutely no part in its occurrence.
However if in the future she was to go on and look after the kids, clean the house and other such thing while you took on the family business and made it considerably more profitable then she may have a claim to capital generated on the grounds that she looked after every other aspect of your life thus allowing you to go out and bring home the bacon.
In conclusion- its never clear cut
-see a lawyer
-think about pre nup
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:36:37
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187
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pre nups are not legally binding in this country afaik.
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:37:33
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tbip2001
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Many thanks for taking the time to reply mate.
Am I right to say that Pre nups have no legal relevence in the UK? If so, what is the point of them?
I just found this on the net....I have to say I am gob smacked!!
http://www.wikivorce.com/divorce/Divorce-Forum/Financial/18277-What-is-she-entitled-too.html
have a read mate..
thanks
tbip2001
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:39:23
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Drago
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quote:
ORIGINAL: onion
pre nups are not legally binding in this country afaik.
Im really not sure TBH, have some background in this area of the law but by no means an expert!
My knowledge would mostly be from an equity point rather than Family Law itself as i never done it!
Also just a student not a lawyer (yet) so no expert just tryin to help!
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:51:32
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Medusa
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quote:
ORIGINAL: tbip2001
What is your ex partner entitled to if you split??
half of your soul
(is that cynical enough)
seriously, if it scares you that much, if you dont feel willing to share your life with the person, maybe it's best not to?
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:55:29
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tuc biscuit
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with properties you can be either 'joint tenants' so you both own all the property and are both liable for it all and have no defined percentage share, or you can be 'tenants in common' where there are defined shares, ideal when one person has paid more of the deposit or owned it previously to someone else moving in, you will want to be tenants in common from the sound of it
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 17:56:52
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dirtyvest
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she may be entitled to half, but by my maths have of nothing won't leave her with much 
And yes, pre-nups are a US thing, they mean nothing over here whatsoever
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:00:59
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Medusa
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lol, make sure you sell your soul before you get married
(edit:if only I'd known that before)
< Message edited by Medusa -- Apr. 17 2008 18:01:50 >
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:02:00
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Integra
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quote:
What is your ex partner entitled to if you split??
A turd in her favourite handbag?
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:03:54
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JohnOvManchester
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IMO mate if you enter into a serious relationship you have to almost put all this stuff on the line.
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:06:13
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dirtyvest
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They'll only take you for everything if you're an arse IMO, can't imagine an amicable divorce seeing you screwed over
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:15:12
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boar
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its funny , if you split up and you are 50k in debt - does she have to pay half - can you even chase her to pay half ?
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 18:17:10
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JohnOvManchester
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quote:
ORIGINAL: boar
its funny , if you split up and you are 50k in debt - does she have to pay half - can you even chase her to pay half ?
don't see why not if you got into debt together
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 19:02:37
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ThaiFighter
Posts: 4674
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quote:
ORIGINAL: tbip2001
First off, let me appologies in advance for what is a deeply synical post. Unfortunately, life has made me a synical person.
I would be grateful if we could stick to the question at hand though guys...
So, I am considering marriage, however the idea scares the **** out of me financially should we split.
My partner is fantastic, and we have discussed this in a round about way, and she assures me she would never get nasty or try to take anthing that wasnt rightfully hers.
However, people change, and cercumstances change so I wouls like to know the ins and outs of what I am getting into.
Lets say we get married, and are together 2 years. She lives in my house (of which I have equity in). After 2 years, we split and it gets nasty.
Is she entitled to some of my property? Also I own a share in the family business? Is she entitled to that?
Does this change if we are married longer? Does it change if we have kids?
Thanks guys
tbip201
kids = pay more
time = pay more
get a pre-nup, cos althougth it's not taken into account now, there's some legal workings now I've heard about that may mean they are in future. Plus, you can always file for divorce in another country where pre-nups are taken into court.
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 19:07:35
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tbip2001
Posts: 1280
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quote:
ORIGINAL: Medusa
quote:
ORIGINAL: tbip2001
What is your ex partner entitled to if you split??
half of your soul
(is that cynical enough)
seriously, if it scares you that much, if you dont feel willing to share your life with the person, maybe it's best not to?
Are you seriously suggesting I dont consider all possibilities before getting married?
It does scare me, and I am unappologetic for that.
tbip2001
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 19:10:24
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tbip2001
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quote:
ORIGINAL: JohnOvManchester
IMO mate if you enter into a serious relationship you have to almost put all this stuff on the line.
My only issue with that would be fairness...
I am uncertain why my ex-wife would be entitled to half of the equity in my house, if she bought nothing to begin with.
tbip2001
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 19:19:12
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Red Man
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quote:
ORIGINAL: tbip2001
quote:
ORIGINAL: JohnOvManchester
IMO mate if you enter into a serious relationship you have to almost put all this stuff on the line.
My only issue with that would be fairness...
I am uncertain why my ex-wife would be entitled to half of the equity in my house, if she bought nothing to begin with.
tbip2001
You then need to prove that she had no input in not only the purchase but also the upkeep of the property. The more you can prove the less she will get, it'll start at 50-50. If you have kids ill go 60-40 in her favour... My bro split very amicably and settled on 50-50 but he gave her a car and furniture. That was better as she stayed away from his business.
If you are genuinely worried then dont tell her what you have or what your business is doing. What she doesnt know about she cant chase... That sounds very harsh but its the way it has to be in some circumstances. I know a few people who have been screwed, one inparticular who would have been absolutely raped if he didnt hide things and bend the truth. It was also his wife that ended it.
Similar things apply to yor live in long term partner, she doesnt have to be your wife...
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RE: Marriage: What is your ex partner entitled to if yo... - Apr. 17 2008 19:46:28
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Wrongun
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Kids play a massive part as do how much each person contributed financially to the ''estate''.
If concerned then get a solictor to draw up an agreement (this is more common than you think and not only for the ''stars''). Only downside i see is that your relationship will then be very you bought she bought scenario. these agreements work better if for example you already own a house with approx 70% equity and want to safeguard it or if yo are millionaire and she is not.
Wrongun!
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