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Zarazara
Oct 12, 2011, 07:38 PM
 Me and my husband where married for 4 years in 2006 and we have one child together. I left as soon as my son was born due to domestic abuse.  We lived together in our matrimonial house for three years together. The house was bought by my father in law in 2003 and was registered in my husbands sole name at the land registry.  Now in divorce proceedings my husband is claiming he holds the property on trust and the beneficiary owner is his father. But my father in law has been claiming pension credit guarantee since 2003.

He is not paying maintenance and has quit his 60k annul job so he doesn't have to pay me any child maintenance.

Where do I  stand? It is nearly our FDR in our financial hearing will I be entitled to the house? If so how much percentage? 

How do I prove the property was my husband and had been gifted yo him by father?

kcomissiong
Oct 13, 2011, 07:38 AM
Your location matters. Where are you? Also, your question is unclear? Was the house purchased during the marriage or before?

AK lawyer
Oct 13, 2011, 07:44 AM
The following phrases suggests to me that OP is not in the U.S. and perhaps in the UK:


 ...The house was ... registered ... at the land registry.  

... claiming pension credit guarantee ...

...not paying maintenance ... child maintenance.

...

Zarazara
Oct 13, 2011, 11:12 AM
I'm in the uk.

The house was purchased before the marriage in 2003 we got married in 2006.

My question is :

Our marital home is registered in my husbands name at the land registry. When we went to court he told the judge it is not his house and his father paid for the property in full (which he did do) but he bought it for my husband. My husband is saying he is holding the property on trust and my father in law is the beneficiary owner.

Where does this leave me in the ancillary relief proceedings am I entitled to anything?

kcomissiong
Oct 13, 2011, 11:21 AM
The following information came from this (http://www.bsdivorcesolicitors.co.uk/capital.php)site

Duration of the Marriage - Short Marriages

If a divorce petition is filed in a short, childless marriage (normally less than 5 years duration) it is unlikely that a 50/50 division of assets will be ordered particularly if one spouse brought substantially more assets to the marriage. Normally assets acquired prior to the marriage will be retained, or returned to the spouse who originally had them, and assets accumulated during the marriage will be divided on a 50/50 basis when the parties divorce.

Long story short, (there is more info in the link), the house is his. You had a short marriage, and his ownership predates the marriage. Even if it belongs to him, and not his father, its his. There can be exceptions to this, but from what I have read, this seems to be the prevailing outcome.

Zarazara
Oct 13, 2011, 12:10 PM
We have one child together I've been told once your married you are entitled to something as I also contributed to the household I paid for an extension to the house all furniture and furnitings for the house and cooked and cleaned.

kcomissiong
Oct 13, 2011, 12:24 PM
You have been incorrectly informed. Do you think that someone who has been married for a month should be entitled to something? The length of the marriage matters. As the link and info I provided says, five years is the mark for looking at an equitable distribution of property. I also said there are exceptions. A lawyer, such as the one I linked you to can tell you what they would be. I'm not sure what else you want to hear, but those are the facts.

(Just an aside: Married people contribute to a household. Should he be able to get your property from you because he paid bills during the marriage or put a roof over your head? No, that's part of marriage. You contribute and he contributes)

Zarazara
Oct 13, 2011, 12:46 PM
Thanks for your help - can I ask are you based in the uk?

kcomissiong
Oct 13, 2011, 12:54 PM
Nope, I am in the US. However, the solicitor I linked you too is based in the UK, and the information I provided is lifted directly from their section on UK divorce and capital settlements. They have a wide range if information available in their legal advice section that you may find to be helpful.