Divorce - property

[jenny59]

My brother & his lady friend who are in their 50's are thinking of marriage. He owns the house which used to be mum's. He is however concerned as the house does need a lot of work doing to it. She has offered to contribute to this but he is worried that if they were to seperate she would have a claiim to half of the property.
Can anyone advise please?

[hc4361]

So he expects her to give up her home and if they split up 20 years from now, or he dies, she is left with nothing?
Doesn't sound much of a marriage to me.

If they marry she may be entitled to part of his pension and his assets if they split. And vice versa - he may be entitled to a share of her pension and assets.

If they choose not to marry but simply live together,she may still be entitled to a share of the house if she can satisfy the court that she contributed financially to the upkeep of the house because she relied on the fact the house was her home, and she wasn't simply a lodger.

It is an extremely complex situation which needs careful consideration on both their parts and proper legal advice.

[Schutzengel]

I hope your brother is discussing the matter with his lady friend, and not just with you. If this is the way he is thinking she may decide she doesn't wish to get married anyway.

If they do get married, then as his wife she most certainly will receive some if not all of his estate, if he predeceases her. Much depends on whether or not he makes a will, or not, and whether at the time of his death he has any existing legitimate children. As the previous poster said it is complicated. It does make me wonder what happened to the idea that a marraige is an equal partnership.

[carmalee]

my brother died recently leaving a very clear will - this stated his assest (house etc) were to go to his two children - he made very adequate provision for his live in partner. she hired a barrister, spent a huge amount of the estate fighting the will and now walks away with more money than I've seen in years. my neice and nephew are left with nothing. tis a very complex situation live in partners, second marriages, new people come into the family in later life etc etc - get it thoroughly sewn up to everyone's satisfaction (obviously including the lady friend) - sounds a bit as though your brother hasn't really talked it through with her. maybe a joint visit to a solicitor? good luck

[carmalee]

sorry - spelling mistake - should read assets