Entitlement To Property

[Guest]

My son has a Half share in a house with his brother, he has now moved out but still pays his part of the Mortgage, he has become engaged to a Polish Girl who is STILL married, once divorced & married at what point is she entitled to my sons share of the property if it doesn't work out at some point in the future... Also can she force my other son to buy her out or sell the house ?

[des8]

No easy answer!
My understanding is that if the property is never the marital home, then the chances of his wife successfully claiming for a share of the house are quite slim.
BUT (!) if she could demonstrate to the court that she would be significantly worse off without funds from selling or renting out the property, her claim may be considered, although it is again unlikely that his brother would be forced to take any action.

[Minty62]

No easy answer!
My understanding is that if the property is never the marital home, then the chances of his wife successfully claiming for a share of the house are quite slim.
BUT (!) if she could demonstrate to the court that she would be significantly worse off without funds from selling or renting out the property, her claim may be considered, although it is again unlikely that his brother would be forced to take any action.

Thanks Des8
Really appreciate your help, We sold our house to our two sons at a cheap rate so that they could afford to get on the ladder, so to speak, both my sons have lived in the property and paid their mortgage but for the last year my eldest decided to move in with his polish girlfriend who was still married, the so called divorce is taking far too long for my liking, this year they went ahead and got engaged. As previously mentioned it is our worry that once they are married (if it ever happened) she would want to move in to the house and subsequently slowly take over and claim his half of the House... I just don't want this to happen & leave them without somewhere to live... It is such an uncertain world we live in & really do not know the law as it stands with a woman in this instance. At the moment she has had no input what so ever in the property.. She is in Private rent and Moaning about the cost of Rent....What would happen if they had a child together ?
Thanks again for the advice .
Minty62

[des8]

Any chance of a prenuptial agreement, setting out premarital belongings and how they are to be dealt with in the event of a marriage breakdown?