Hello,
I am currently separating. Two children will probably stay with wife. We are both unemployed (I am on long term disability and both getting housing benefit - though i have not found a new place yet.
My 84 years old mother has placed a quarter share in her large property in her will. Could this future asset be taken or split.
How would it affect if I either lived in it, or managed to find a very low paid job outside UK?? and came off disability (this is being hopeful).

I'm sorry but would you please explain what you mean by
'placed a quarter share in her large property in her will '

Does this mean that when she dies, the house is sold and you get a quarter of the net proceeds ?

Whether a Court takes an expected inheritance into account depends very largely on the circumstances. My mother died this year at 91. The Courts will not speculate on life expectancy. Unless your mother is expected to die in the reasonably near future, I do not think the Court would take it into account. Sorry to have to talk like this, but you asked me.

You say you get housing benefit and that means you rent.
My first thought about living with your mother is, why not ? If it's a large house, as you say, it makes it easier to have your kids to stay with you. Why not have the companionship of your mum ? And your kids are her grandchildren too, yes ?

You ask if it would make any difference. Chances are your wife would get the tenancy transferred into her name but I'd need to know what kind of tenancy it was -
local authority, housing association or private.
You don't want to be liable for any future breaches of the agreement on her part, if you can help it.

If you are both unemployed then that implies no spousal maintenance and monimal child support.

Mike


Mike

Many Thanks for reply,
To clarify: The house is in considerable disrepair. Brothers live there.
Current appt is housing authority with tenacy in my name.
It was obtained through having severe depression and arthritis.
As you can see I have hit rock bottom - no chance to get back to work at 54 in uk.
Decided the depression is due to bad marriage gone too far.
Wife is japanese and repeatedly threatens to take UK born kids to Japan.
My thinking is that some kind of happy father (even teaching engish for little abroad)is better for the kids than a depressed broken father in UK.
It is not a really a matter of running from CSA.

As for the house it would be sold and funds divided.
Could I use this for buying a flat or would it have to go to the wife??

Am I right to assume that if I sign out of tenancy, I no longer can get social housing??
If she has the assured tenancy and is housed then she cannot lay a claim to mothers house in future??
PS I hope and think my mother will be around for a long time but am being realistic.

Firstly, if your wife is threatening to return to Japan and take the kids with her, you need advice which is more specialised than I am able to offer.

If for argument's sake you get yourself in a divorce situation your wife can apply for a transfer of the tenancy to her. . Such an application might well succeed in view of the childrens' need for a home. In that case I think you have the option of applying to the local authority for accommodation as being ' vulnerable ', or you could go and live in your mother's house, or even look for rented accommodation on your own account, though that might be difficult if you are claiming housing benefit, as many landlords will not take such tenants.

Could your wife then come back and make a claim if your mother dies ? That could depend on the terms of any divorce settlement. What you would want to do is to make sure all her financial claims were dismissed. If you don't do this, there is a risk that your wife can claim against you later. Similarly if you don't get divorced.

I don't think it would be too difficult to get a clean break if you divorce now, you are both unemployed and your only ' asset ' is the tenancy. At the moment, if you divorce, there are no other assets to redistribute. I think the inheritance sounds too remote for the Court to consider it. Wills can be changed.

It's not an easy situation and I think you need advice, particularly on the issue of your wife taking the children to Japan. It sounds as though you would be en­title­d free to legal help ; I think you would be well advised to seek it to weigh up your options.

Mike

Hello again,
Your advice is good. I have been told there is no such thing as a 'clean break' if children are involved.
I am getting my head round to the idea of moving out as I consider the children's stability first.
I am not sure if a condition can be made in divorce for wife not to touch future asset (or home).
I am told that as long as still married she cannot take kids to Japan without my permission. However, after divorce, she is parent with care and can do as she pleases.
If I live in the house I think it is OK??
I hear terror stories about csa basically harrassing the father.
Something tells me a divorce asap is better than the 1 year separation suggested by mediation.Conversly, I hear a divorce is easier if separation works out well.
Iwish it could be amicable but mediation just makes it worse - as we both become more aware of the problems.
I feel the law is decidedly anti male as far as parenting is conerned.
Suddenly, I am offered the chance to see my children once a week after having taken care of them 5 days a week.