How can I help my dad?
How can I help my dad?
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Discussion

brockovrs

Original Poster:

341 posts

178 months

Thursday 18th October 2012
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Long story short, my step-mum has left my dad (conveniently just after he has bought a new house and spent a not insignificant amount of money doing it up for them to move into).

Its probably only going to be a matter of time until she gets solicitors involved, which will then (I assume) mean that she will get at least half of everything - despite not having paid a penny for anything since they met.

They have no children together, but she does have 2 grown up children from a previous relationship.

They have been together for about 15 years, and in that time she has been in a significantly better lifestyle than she was before she met dad, what would be the chance that a solicitor would make out that she has become accustomed to a certain quality of life & make dad pay accordingly? (I am assuming that's the 1st thing they will try and do?)

Is there any way that I can buy things off him (Cars, property) etc at well below market rates so his assets are a lot less? or is that illegal?


This must be a fairly common occurrence, so I'm hoping that someone might be able to help!

Thanks in advance.

PurpleMoonlight

22,362 posts

187 months

Thursday 18th October 2012
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Yep, 50:50 is likely the best he can hope for.

If he has a pension that will be divided too.

If she has never worked he may get stuck with spousal maintenance too.

Sucks huh .....

Fireblade69

637 posts

233 months

Thursday 18th October 2012
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From what I understand, you won't be able to buy stuff off him for significantly less than market vale, (a touch maybe - mates rates wink), without someone waving a red card at you or your dad. For you, you may be hit with some kind of capital gains tax thingy if you flog it on and you'll dad will still be hit for marketable value pre-sale so even if he knocks a 500k house out to you for 300k he'll still have to stump up 250k to ex-missus. You'll be the only winner there which isn't what you want. Oh, and if you own a house already then you'll be hit with capital gains if you sell it.

Let's hope for your dad's sake that he has an amicable relationship with her post-split which means she won't try and bone him for everything he holds dear. If he has some personal stuff he couldn't bear to be without, (family heirlooms etc), then he could gift them to you to keep her away from them and neither of you would be liable. (2 year old Mercedes SLRs aren't considered heirlooms by-the-by).

marky1

1,094 posts

226 months

Thursday 18th October 2012
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Are they married?

brockovrs

Original Poster:

341 posts

178 months

Thursday 18th October 2012
quotequote all
Yes they are married - about 9/10 years I think.

The really annoying thing is that she had a "wobble" a couple of years ago and threatened to leave him (they had just bought the house, but it was a shell and needed an awful lot of work doing to make it liveable, let alone the trinket filled chav-palace it has now become).

Its just truly gash that she can do bugger all work, and then take (at least) half of everything that my dad has worked his bks off for.

  • Hypothetically speaking*
If someone was to draw out large amounts of cash every day and then *spend* it at the bookies/at a casino etc (eg places where its not that odd for large amounts of cash to be spent quickly, with no receipts or any necessary return) would that sort of thing be investigated?

Edited by brockovrs on Thursday 18th October 20:48

groak

3,254 posts

209 months

Thursday 18th October 2012
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I am probably wrong but isn't there something about her only being entitled to half of gains made since they came together/became married?

OBVIOUSLY advice from fun forum people isn't as good as advice from a proper divorce specialist solicitor.

But it's not just as simple as 'woman marries well-to-do man, decides she's off and cleans him out on the way out the door'.

manitou

160 posts

179 months

Thursday 18th October 2012
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I believe a parent is allowed to legally "gift" their children £3000 a year tax free hth smile

brockovrs

Original Poster:

341 posts

178 months

Thursday 18th October 2012
quotequote all
groak said:
I am probably wrong but isn't there something about her only being entitled to half of gains made since they came together/became married?

OBVIOUSLY advice from fun forum people isn't as good as advice from a proper divorce specialist solicitor.

But it's not just as simple as 'woman marries well-to-do man, decides she's off and cleans him out on the way out the door'.
Dad will be seeking "proper" advice too, but I was hoping to get any tips from people that have been through a similar thing.

I didn't know about the tax free gift thing, so that'll be useful!

northandy

3,540 posts

251 months

Thursday 18th October 2012
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I would suggest getting to a solictor for proper advice first.

Its sad when a relationship ends but get proper paid for advice from someone who knows what they are doing.

jontymo

853 posts

180 months

Thursday 18th October 2012
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What have you got to lose! buy his car for peanuts and get him to drive around in a shed until sorted, same for anything valuable, any savings get him to buy something from you. If it goes wrong you still have it all to give him back.

I hate people like this. Hope it works itself out to the good!


Maxf

8,444 posts

271 months

Friday 19th October 2012
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This isnt going to be popular... and pains me to say (as a man), but if they've been together for 15 years and married for 10, then she probably deserves *something*! Its not like it was a marriage of 6-months, after a whirlwind romance.

brockovrs

Original Poster:

341 posts

178 months

Friday 19th October 2012
quotequote all
Maxf said:
This isnt going to be popular... and pains me to say (as a man), but if they've been together for 15 years and married for 10, then she probably deserves *something*! Its not like it was a marriage of 6-months, after a whirlwind romance.
Don't get me wrong, I agree. I don't like the woman (never have, but thats a different issue) and my dad has no problem with her getting *something* - its just that as soon as solicitors get involved, no doubt they will go for the full on trying to shaft him.

raptor600

1,356 posts

176 months

Friday 19th October 2012
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manitou said:
I believe a parent is allowed to legally "gift" their children £3000 a year tax free hth smile
You can gift as much as you want legally tax free - not just £3k!

The only time you would have to pay tax is if the parent dies within 7 years of a gift over £3k.

manitou

160 posts

179 months

Friday 19th October 2012
quotequote all
raptor600 said:
manitou said:
I believe a parent is allowed to legally "gift" their children £3000 a year tax free hth smile
You can gift as much as you want legally tax free - not just £3k!

The only time you would have to pay tax is if the parent dies within 7 years of a gift over £3k.
ah yes thats right i forgot about the living over 7 years after a gift of over 3k smile

Quietlybonkers

22,509 posts

174 months

Friday 19th October 2012
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He should consult a lawyer to understand the principles. Go along with him if he wants.....costs about £125 (so long as he doesn't live in London) and he will get the advice in writing

AndrewEH1

4,922 posts

183 months

Monday 22nd October 2012
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You father needs to work out when the Date of Seperation was, a date your step-mother's solictor will agree to, and then spend all of the money on stuff!


(I am no expert smile)

djfaulkner

1,103 posts

248 months

Monday 22nd October 2012
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Could your dad make her an offer, to avoid going to court?
Then make it part of the divorce terms?


My brother-in-law gets a chuck of money from his dad every few months which would be his inheritance.
That way his dad gets to see him enjoy/put the money to good use.

Just a thought.