name on deeds??

[annaconda13]

my brother is currently goin through a divorce,the marital home is owned soley by him and it is only his name on the mortgage and the deeds. he has said he will pay an interest only mortgage and she can live in the house until the youngest child is 16 (they have two) and then the house will be sold and assets shared and he will also pay full maintenance. they are currently goin to mediation because she insists on having her name on the deeds and the mortgage why is this??? if she gets all of this anyway he cant sell the house from under her and she will get her share when the house is sold.

[lady_p_gold]

Well it doesn't really make much difference if she is 'on the deeds' as you say (in fact there aren't really Deeds but the property will be registered in his name at the Land Registry) because as his wife she would be entitled to consider this property as part of the marital assets. If they do not agree on the division then the Court will decide, they may well feel that she is entitled to much more than a half share of the property. He wouldn't be able to 'sell the house from under her' anyway as she could lodge her interest. There are all sorts of other things to consider too like his pension, her pension and their joint assets and liabilities, it would be better to sort it out and have it settled at the time of the divorce.

[sense4all]

Perhaps, if there is enough equity in the property, she would LIKE the marital property to be sold so that she could strike out on her own. If Mr Sense and I were going our own ways - I would like to be Master of my own destiny, not having him tell me where I could live and for how long. Sorry!

[navin123]

it is a shame that the divorce is happening. is it coz of the money or the children? the process of divorce is supposed to make laywers and solicitors "rich". so why can't these 2 people just be happy and try and provide for the children?broken homes will only things difficult for the kids.

[annaconda13]

no she is having an affair

[lady_p_gold]

Well they do not take any notice of why the marriage breaks down anymore, whether there is an affair or not ..... it seems they need some legal advice.

[dzug]

She may well feel safer in being a part owner of the house than in just being entitled to a share in the proceeds when it is sold. If she is part owner, her signature will be needed to sell. If she is not, he can sell (when the time comes) and give her the money (or maybe do a runner).