Wife transferring ownership of house to daughter in secret
Discussion
My mother-in-law passes away 18 months ago and her house passed to my wife, I have discovered my wife is seeing a solicitor to transfer the ownership of the house to her daughter (my step daughter) in secret, I found out by accident, its also still currently registered to her parents.
As we are going through some marriage difficulties at the moment i'm wondering how i stand legal with the property if it ends up in divorce and we have to split all our assets between us.
We are currently renting out the MiL's house and have our own mortgage free property.
gobuddygo said:
My mother-in-law passes away 18 months ago and her house passed to my wife, I have discovered my wife is seeing a solicitor to transfer the ownership of the house to her daughter (my step daughter) in secret, I found out by accident, its also still currently registered to her parents.
As we are going through some marriage difficulties at the moment i'm wondering how i stand legal with the property if it ends up in divorce and we have to split all our assets between us.
We are currently renting out the MiL's house and have our own mortgage free property.
Unless there is a lot more to this story (e.g. you helped pay for your MIL’s house) I don’t think this thread is going to go the way you hoped...As we are going through some marriage difficulties at the moment i'm wondering how i stand legal with the property if it ends up in divorce and we have to split all our assets between us.
We are currently renting out the MiL's house and have our own mortgage free property.
If you think your marriage is on the rocks, then butt out of it, and let her give it to her duaghter....
At what point do you really think this is yours to argue about.
I wouldn't think twice if my misses wanted to give her inheritance to her Daughter. My Sons will inherit from me, not from her, likewise her daughter will inherit from her and not from me....
The fact that she has to do this behind your back probably describes how she feels about how you'd react if she was upfront... See first line above.
At what point do you really think this is yours to argue about.
I wouldn't think twice if my misses wanted to give her inheritance to her Daughter. My Sons will inherit from me, not from her, likewise her daughter will inherit from her and not from me....
The fact that she has to do this behind your back probably describes how she feels about how you'd react if she was upfront... See first line above.
Would imagine She will have issues convincing a divorce judge that it belongs to her Daughter and always has done, espesially if your renting it out. Otherwise why wouldn't the Daughter be doing this. I can also see where your coming from, when my parents died my Wife spent most of the inheritance on new kitchens, family holidays etc. I had absolutely no issue with this as the money belonged to us (married 30yrs). Her parents are fit and healthy, thankfully and once again there will be no problem when the inevitable happens (unless we go first
) as it will be our money. Although she will probably want another new kitchen...
) as it will be our money. Although she will probably want another new kitchen...Ignore the trolls and wise up or you are in for a right royal shafting, get yourself a solicitor asap.
Some things you to be clear about, did your MIL die intestate or leave a will, if a will did it leave the house to your wife or step-daughter? Who is the executor. If she died intestate or it was left directly to your wife, then it is community property for the purposes of any divorce.
Some things you to be clear about, did your MIL die intestate or leave a will, if a will did it leave the house to your wife or step-daughter? Who is the executor. If she died intestate or it was left directly to your wife, then it is community property for the purposes of any divorce.
gobuddygo said:
...if it ends up in divorce and we have to split all our assets between us.
I'm sure you know, deep down, that you're going to be shafted. If you go for divorce now the inherited property would have to be considered in the asset pile. If the divorce happens just after the house has been transferred nobody on here will be surprised.Hang on. Aren't these the same people who say that the wife's a scheming so and so when she wants the house, the kids the car and all the money to look after them.
The OP has a a very fair point. In a contested divorce, there would have to be an agreed split of the family assets and the MiL's house would certainly be on that list. And I don't think transferring it to the daughter would get it off the list either. Presumably the OP has also worked hard and supported his wife and daughter and might expect to benefit jointly in some way.
The OP has a a very fair point. In a contested divorce, there would have to be an agreed split of the family assets and the MiL's house would certainly be on that list. And I don't think transferring it to the daughter would get it off the list either. Presumably the OP has also worked hard and supported his wife and daughter and might expect to benefit jointly in some way.
Money or assets that come to a couple, whether earned, inherited, found in the street, won in a competition or whatever, is family money and belongs to both of you.
So long as you've shared all your assets and earnings and bonuses etc. with your wife during your marriage, you are legally and morally entitled to half a house she's inherited, imho.
So long as you've shared all your assets and earnings and bonuses etc. with your wife during your marriage, you are legally and morally entitled to half a house she's inherited, imho.
Whilst there is an element of "Why do you think you should be entitled to a cut?" This is a very valid question that the OP has posted.
How do we know that the OP's parents have not passed away and he shared out inheritance with wife? How do we know that the wife will not be doing this today and then in 4 months seek a divorce and look at taking any potential inheritance that the O might receive into the calculations?
The fact that it is being done without the OP being supposed to know about it is a red flag in the first place to me, regardless of if they agree with it or not.
I don't know enough to advise and would not seek to do so on here but i would suggest that the OP would be wise, regardless of this particular issue, to seek some paid for insured professional advice on their position as a whole if there should happen to be a separation leading to divorce in the coming months.
Knowing your best and worst case scenarios is very empowering and also means that you are unlikely to blindly agree to demands without a quid pro quo.
The law is also less moralistic and more practical than PHers when it comes to inheritance and divorce.
The phrase that springs to mind is "Intentional deprivation of capital", Although that one is more often heard of other areas of the law.
On the face of it if this is a marriage on the rocks what the wife is doing is not "Making sure her family gets it's fair share", it is intentionally reducing the wife's individual wealth ahead of divorce so she can claim more of the matrimonial 'pot' than she would have been able to with the inheritance taken into account.
ETA there is little difference here (other than the sums involved) than where a person might 'sell' to a friend a cherished car for far less than it's worth and then somehow buy it back a few weeks after all the divorce and financial proceedings have been concluded.
How do we know that the OP's parents have not passed away and he shared out inheritance with wife? How do we know that the wife will not be doing this today and then in 4 months seek a divorce and look at taking any potential inheritance that the O might receive into the calculations?
The fact that it is being done without the OP being supposed to know about it is a red flag in the first place to me, regardless of if they agree with it or not.
I don't know enough to advise and would not seek to do so on here but i would suggest that the OP would be wise, regardless of this particular issue, to seek some paid for insured professional advice on their position as a whole if there should happen to be a separation leading to divorce in the coming months.
Knowing your best and worst case scenarios is very empowering and also means that you are unlikely to blindly agree to demands without a quid pro quo.
The law is also less moralistic and more practical than PHers when it comes to inheritance and divorce.
The phrase that springs to mind is "Intentional deprivation of capital", Although that one is more often heard of other areas of the law.
On the face of it if this is a marriage on the rocks what the wife is doing is not "Making sure her family gets it's fair share", it is intentionally reducing the wife's individual wealth ahead of divorce so she can claim more of the matrimonial 'pot' than she would have been able to with the inheritance taken into account.
ETA there is little difference here (other than the sums involved) than where a person might 'sell' to a friend a cherished car for far less than it's worth and then somehow buy it back a few weeks after all the divorce and financial proceedings have been concluded.
Edited by Rude-boy on Tuesday 3rd April 13:29
TwigtheWonderkid said:
Money or assets that come to a couple, whether earned, inherited, found in the street, won in a competition or whatever, is family money and belongs to both of you.
So long as you've shared all your assets and earnings and bonuses etc. with your wife during your marriage, you are legally and morally entitled to half a house she's inherited, imho.
I'm pretty sure that is not how it works in Scotland, with respect to inherited assets.So long as you've shared all your assets and earnings and bonuses etc. with your wife during your marriage, you are legally and morally entitled to half a house she's inherited, imho.
So then....where you based OP?
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