Divorce and the family farm

[holwellcourtfarm]

..... Unless you were made promises about the future that made you give up your job to run the farm (and can prove it).

Proprietary Estoppel anyone?

Legal advice needed.

 

[Kidds]

If the place is worth £1 million your share is worth £5000.
If your siblings are going to get a share (presumably for no input) you may as well bugger off now and do the same as them.

I wish you the best of luck.

 

[Selectamatic]

Not exactly the same situation, but my parents sold family farm recently, most of my adult life wasted for fudge all
Promises, lies etc etc
Get good legal advice asap

Sorry to hear this.

 

[kiwi pom]

You're only 31, Pull the pin, walk away, its a big world.

Bit harsh I know but it could take years to sort out and cost a fortune. Short, sharp snaps better than a long slow bend

 

[Kevtherev]

If you are only a small percentage then get out now before it gets worse.
Hard to do I know but there’s plenty of work about.
Could you go back to your old job?

 

[Smith31]

This will be extremely difficult for you as you will lose your home, job and future dreams in one go.

However, money and greed are like the devil they have the ability to possess ones soul, perfectly normal, kind hearted people turn in to devil like creatures, when money is involved especially following deaths or divorce. So best to leave and try to create a new future with new dreams.

Good luck.

 

[Flasheart]

I disagree with all the posts that say you are going to lose everything and should cut and run. I would let things play out a bit first.

Your shareholding, although small, is yours and not part of the divorce pot. You may have some sort of tenancy on your cottage and maybe the land as well. This may be written down or just deemed.

Assuming that there are no dependent children and it's mother going for fathers stake, it is likely that any divorce court will take into account the following.:

Each parties needs following the divorce such as housing and money. This to some extent will take into account current lifestyles.

Each parties involvement in the business, was mum a partner? work on the farm? or work off it?

Future earning abilities and pension needs, if dad had all the pensions, mum gets a share.

If the land is owned was it inherited with a view to passing on through the family ( good) or was it bought with money during the marriage ( not so good),? That's assuming that you're not tenants.



All this assumes that your Father wants to continue farming and doesn't just say F**k it and sell up.

 

[betweenthelines]

I think Flasheart is wrong.

You have a minimal stake in the business, your home will be "part of the job" so no job, no home, and like I said, any money involved and family ties will go out the window as everyone lies to support their claims.

If you stay put & fight your corner, you have months if not years of stress ahead of you and you'll lose far more than you gain, both emotionally & financially.

Listen to someone who's been there, done it and got the tee shirt.

 

[kiwi pom]

I disagree with all the posts that say you are going to lose everything and should cut and run. I would let things play out a bit first.

Your shareholding, although small, is yours and not part of the divorce pot. You may have some sort of tenancy on your cottage and maybe the land as well. This may be written down or just deemed.

Assuming that there are no dependent children and it's mother going for fathers stake, it is likely that any divorce court will take into account the following.:

Each parties needs following the divorce such as housing and money. This to some extent will take into account current lifestyles.

Each parties involvement in the business, was mum a partner? work on the farm? or work off it?

Future earning abilities and pension needs, if dad had all the pensions, mum gets a share.

If the land is owned was it inherited with a view to passing on through the family ( good) or was it bought with money during the marriage ( not so good),? That's assuming that you're not tenants.



All this assumes that your Father wants to continue farming and doesn't just say F**k it and sell up.

I don't get it "lose everything" What does he have a 0.5% share in a business, sounds like he doesn't own his house, so nothing to lose.
He's 31, make a new start don't get to your mid 40's and turn into 'Mr I hung around most of my life hoping to be given something but I didn't get it and its not fair' Make your own way in the world, don't rely on your parents to give you everything.

 

[rose pilchett]

Don't rely on your parents to be honest with you
That goes for siblings too

 

[Greenbeast]

Only vaguely related, but i only started farming at 32, so leaving to start again doesn't have to be a last resort

 

[CornishRanger]

No problem "unloading" on here, many people been in a similar position and happy to offer advice.

Is there any emotional attachment/reason for you father to want to keep the farm, or is he likely to sell up in favour of his other interests? Can you work with him, or are you better cutting your ties and going alone? Chap once told me not to trust anyone in business, least of all family..... Was his situation, wished I'd paid more attention too.

There is life and work off the farm, its a change of lifestyle being away all day, but its more 9-5, (in as much as when your off work your off work). I've took on grass keep and bought some sheep to keep my interest when I left the farm, maybe one day I can get back into farming, but for now I just work for others on farms and in related jobs. Round here there is work if you want it if you know what your doing.

You have the best idea on here how things are likely to play out, but there is no point going down with a sinking ship! You have to look after yourself, no one else will unfortunately, good luck with it all

 

[kfpben]

Thank you all for the advice and support.

I’ll hang on in here for a few months, get lambing out the way and see what pans out. The rest of the family say they want me to continue to farm. It really depends on what happens with my parents’ (non farm) business as they heavily re-mortgaged the farm to start the other enterprise. It’s only myself working on the farm side.

Dad bought the farm in various parcels 10-20 years ago, he inherited nothing but a half share in a small terraced house in Barrow in Furness. The farm is really for him to do whatever he wants with.

Just feels like a right mess at the moment- uncertainty over the future of the other business, parents divorce, middle brother having his own set of personal issues and a potential no deal Brexit on the horizon while muggins here tries to keep it all together.

I’m prepared to cut and run in a few months if I have to. I’m a half decent dairy herdsman and am used to managing herds and other staff so could easily go back to that if needed. There’s such a massive shortage of labour in dairy at the moment I don’t think finding a decent job would be too difficult.

I’m sorry to hear of other posters’ family problems, but I’m glad I’m not the only one!

 

[Roger Perry]

Why don't you try to work out a deal and buy the property, your money is as good as anyone's
I personally think that it beholdes' everyone to make there own way in life rather than waiting on a relative/parent to pass on in the hopes of inheriting.
When you have made it on your own, it gives more than just pride, look life in the eye.

 

[czechmate]

Why don't you try to work out a deal and buy the property, your money is as good as anyone's
I personally think that it beholdes' everyone to make there own way in life rather than waiting on a relative/parent to pass on in the hopes of inheriting.
When you have made it on your own, it gives more than just pride, look life in the eye.

I think it shows you have been left the uk for some time to think you can buy land by farming it in the uk Roger

 

[Roger Perry]

I keep in touch with what goes on, have relatives who farm in UK.

Take your point though, UK Ag is a slow return, kind of mired in the past with a lot of red tape thrown in........cannot imagine why anyone would want it.

 

[Frodo2]

I keep in touch with what goes on, have relatives who farm in UK.

Take your point though, UK Ag is a slow return, kind of mired in the past with a lot of red tape thrown in........cannot imagine why anyone would want it.

I think you could probably drop the "ag" from your statement, yet people certainly want to come to uk

 

[Lazy Sod]

Now that the thread has been reserected, would you care to update us on your current situation? @kfpben

 

[Shutesy]

To add context to @Lazy Sod post, the thread was resurrected by a spammer whos post has now been removed.

 

[kfpben]

Now that the thread has been reserected, would you care to update us on your current situation? @kfpben

Evening all, well the parents’ divorce came through about a year ago.

Mum stayed in the farmhouse for a while but it was way too much for a single woman in her mid sixties to upkeep. As of two days ago she has sold the farmhouse 15 acres and moved to a small house in the local town. My wife and I are buying our cottage off the farm.

Luckily the location of the former farmhouse isn’t too integral to the main area of farmland. Our cottage is right next to the yard.
Dad is a bit of a shambles and needs checking up on but is mostly ok. He has turned his place into a carbon copy of the house he grew up in. Same old 1970s furniture etc. All a bit disconcerting! Thank God for lockdown as he has discovered online dating.

Dad is still the overwhelming majority partner in the farm business, however according to the accountant it is best to leave it like this as we pay off losses accrued by the starting of the vineyard business. The farm is now turning a profit, which is personally satisfying as it wasn’t before I came back home to run it. The divorce settlement and sale of the farmhouse resulted in funds going towards paying off the farm mortgage, which is good. It’s still fairly hefty, but a lot more sustainable. He says the will is in order and my brothers and I are now executors so it shouldn’t end up going to the cats home or his first Tinder match.

It is frustrating though when so much could have been avoided by steering clear of crap life choices namely; lack of communication, affairs and booze!

My new wife and I are staying put for the foreseeable. If it all goes wrong we are minded to move to Devon or Scotland, where we both have links. The politics would have to calm down before any move to Scotland.

Can’t believe I started this thread 3 years ago! Time certainly flies.