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Thread: Am i entitled to any of my Husbands assets if my name is not on deeds

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  1. #1
    Justme123's Avatar

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    Default Am i entitled to any of my Husbands assets if my name is not on deeds

    What is a common law wife entitled to if they break relationship / ex still legally married

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    Amethyst's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Legally there is no such thing as a common law wife so it really depends on the circumstances what a partner / co-habitant might be entitled to on a break up ( eg if they put 50% into the property they'd likely be entitled to recoup that )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Amethyst's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    The title seems to be a different question -If married then the wife may be entitled to a portion of any assets held by her husband.

    Think we need some more detail what the situation actually is to be able to help at all.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Justme123's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Sorry what I mean is I am not divorced but lived apart many years do have contact with him /family ext he was a lot of property money ext but in other people's names also lived with someone for many years they have no children / I have 4 to him do I have any rights to his assets although my name is not on any legal documents thank you for reply

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    Peridot's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Hi @Justme123,
    So you were married? How long have you been separated? Are you intending on getting divorced? If so then the assets in each of your names would be in the pot, so to speak. Property and assets in others names would not be included.
    Do you receive maintenance for the children from him?
    If you were married then you will need to divorce in order to deal with the finances. You would need to obtain a financial Order either made or approved by the Court (if you are able to agree the settlement).
    If you were never married then he should be paying child maintenance but you would have no entitlement to his assets unless you could show that you had contributed in some substantial way, financially or otherwise to your detriment, on the basis he had promised you a share of the property.
    It would be advisable to obtain some specialist advice on this. Either, if you were married, from a family specialist or if you weren't married from a litigation expert.
    Last edited by Kati; 31st October 2017 at 14:40:PM.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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    Justme123's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Yes I am still married a lot of his assets are in my children's name property ext. So if my name is not I'm intiteled to nothing dosent seem fair god forbid if anything happened to him and the property he has in my children's names would that become there property a lone or could be shared amongst hi children by me thank you

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    Amethyst's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Why are his assets held in your children's names ? ( are your children adults?)
    Are you intending on divorcing him?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Justme123's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Sorry not thought about divorce as it's been so long apart thell children are all 40 plus not kids have children ofthere own my grandchildren

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    Amethyst's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    The situation with his assets seems complicated and to have any idea you'd need disclosure on what there was. I think you likely need to sit down with a solicitor for formal advice on what you could be entitled to on Divorce ( or indeed on Death - does he have a will ? ) It's unlikely you'd be entitled to assets that he has obtained since your separation I think as ‘matrimonial’ and ‘non-matrimonial’ assets. ‘Post-separation’ assets will be non-matrimonial assets unless they are acquired through matrimonial assets ( that makes sense really - eg if a house you had as a married couple was later sold at a big profit the profit would be part of the matrimonial assets ). Is he putting assets in childrens names to keep them from you ( or the tax man ? ) ?
    Last edited by Amethyst; 9th November 2017 at 15:09:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Peridot's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    So how long have you been separated. As Amethyst mentioned, why are properties in the children's names. I don' actually need to know the reason but if they are not in your ex's name then he does not own them legally and they would therefore not be included in any separation or divorce agreement.

    It does all sound rather complicated and slightly confusing. Many factors would be taken into consideration such as the length of marriage to the point you separated. You have no dependant children any longer so you would not have an argument for child maintenance now, but there may be other things such as a pension sharing arrangements but this would very much depend on so many factors not only the length of your marriage but assets of you both etc.

    I would recommend getting a free half hour of reduced fee first appointment to discuss this with a specialist family lawyer.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  11. #11
    FionaC's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Dear Justme123,

    I agree with everything that has been said so far. Providing there are matrimonial assets to be distributed I suggest seeing a solicitor. There was a case in 2016 (all be it on very individual facts) in which a wife got £300,000 some 20 years after the divorce.

    best wishes
    I work for Howlett Clarke Solicitors . Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.

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    jukebox's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    Very generally, only spouses, registered domestic partners, and some level of blood relatives inherit property when someone dies without a will. Spouses often get all property at death if there are no children, and a majority share of the property if there are children to share it. You can find your state's rules on this by searching the state name plus "intestate succession." Seek the help of a lawyer

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    Amethyst's Avatar

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    Default Re: Am i entitled to any of my Husbands assets if my name is not on deeds

    @jukebox - thank you for your input however this is a UK site and the rules in the US will be different.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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