Does anyone know what the legal position is on this if it were to happen in real life?
I'm loving this little bit of intrigue and to be honest, I'm on Sally's side. After what Kevin did to her, it's the least he can do to give her half of that money.
27 comments:
Kevin's already agreed to give up the house for her. He didn't ask for any money for it. And at no point has he ever said he wouldn't provide for Sophie and Rosie. I think he can keep it!
If there's free money if the offing, most women would go for it tooth and nail and forget ethics or legal niceties.
He should be able to keep it!
The legal position is they have nothing in writing. There's a very specific clause required to prevent "second dibs" in the event of something like a lottery win, and as they have no agreement, they don't have that either. Any verbal agreement would be virtually impossible to prove either way. So Sally is legally entitled to a proportion. Might even be more than half, depending how good her lawyer is.
Unfortunately, I think she may well be entitled to half the money. However, Kevin's offer of the house should now be off the table.
Considering she has always felt she was better than anyone else and $$$ meant everything to her - it's likely she'll reconcile with Kev just to get her hands on the money.
His lawyer should re-do the agreement, splitting everything 50/50 and he can move on. She can buy his share of the house with her half of the winnings. End of story.
And he could invest in buying the Rovers.
I used to think it would be nice if they got back together ... but nah, she's still a bitch who also cheated during their marriage (which she seems to forget).
~JB in Canada
How many scratchcards pay out this amount? It would have been more realistic if it had been £20k, and if you won you would be ringing to verify not shouting your mouth off in the Rovers that you had won. People have been murdered for less and with John Stape out now and the family in dire straights.......
Not sure about this one, I think Sally would be entitled to something and of course Rosie's greedy little face yesterday means she will be buying more cars and handbags,
I reckon Kev will take Owen's advice and put this money in Jack's name. I also think it an unrealistic amount, if they won this kind of jackpot they would move away from the Street wouldnt they.
I am on Sally's side, as I suspect is the law. Kevin should not have attempted to conceal it. If he had succeeded the divorce settlement would have voided because it was obtained by deception (not revealing a material fact is deception. People rightly go to gaol for it).
Giving Sally a life interest in the house is a nice touch but it is not a saleable interest and therefore has no material value. It leaves open the question of what happens to the value when Sally dies. Does she will it or is the value entirely left to Kevin's will?
I think Kevin should keep the money after all Sophie and Rosie are practically adults and he let Sally keep the house
Considering what's happen in the pasted, between Kevin and Sally I would think in reality the property should be split down the middle. And due Kevin's win on the lottery he should keep the winnings. And make a new start for him self and baby Jack.
And put the pasted behind them?
It seems Sally not satisfied until she's got every thing? What more does she want? he cake an eat it?
I'm so sick of Kevin. Has he ever showed remorse for what he has done? And has he completely forgotten his daughters? He didn't think once what this money could do for Sophie and Rosie, just like he sold the house without even thinking about Sophie. Ridiculous.
There was a case in Canada where someone did not claim a big lottery win for a year, during which time he divorced his wife. She took him to court and was awarded a share of the money - I can't remember if it was half, because he concealed it in the divorce settlement.
There is nothing to stop Kevin ''Spending'' the money before Sally gets her claws on it. Her solicitor should have got a court order preventing him from touching the money.
If I was Kevin I would purchase a similar card and produce this to everyone. Has anyone actually seen the winning card.
Kevin has endlessly showed remorse, what are you talking about? And let's not forget that Sally is hardly the faithful wife, just because Ian Davenport didn't get her pregnant, doesn't make her innocent of adultery.
They've been living separate lives for agres now, and he only won the money yesterday. Who's to say how much of it he would give to his daughters, but Sally deserves none of it (IMHO).
Kevin's cheating was bad and I'm not a fan of him, but what annoys me so much is Sally and her hypocrisy. She's had an affair too, and if she had won that scratchcard yesterday she certainly wouldn't have wanted to give Kev any of the money.
I don't know what is correct legally, but surely the fact that he hasn't actually claimed the money yet is relevant.
I think Kevin should be entitled to keep all of it, he already gave Sally the house. Or if he legally can't keep it all, then take back the offer of the house, split everything 50/50 and let Sally pay for his half of the house with her portion of the winnings. If he can I agree, put the whole thing in Jack's name. Sally is such a hypocrite, she has been plenty unfaithful too. And she sure wouldn't give him half if she won. She's always so full or herself and greedy. Kevin should help Sophie out.
Steve did see the ticket so we know at least one person knows for sure he's got it plus he was buying drinks for half the neighbourhood in the pub so it's public knowledge. If he'd kept his mouth shut and waited a few days, he'd have been scot free, i think.
I do think that he should take a sizeable chunk and put it in trust for each of the girls if nothing else. Sally could insist on that and he'd hardly be likely to turn that down.
Legally she probably is entitled to half but as others have said, count it in with all the assets and go down the middle.
If Sally won, she'd never share it with him!
Granted, I have a non-British perspective. They are married. Everything in that marriage is communal property, unless there was prenuptial agreement. I doubt 2 working class Manchester residents would have drawn one up 20 years ago. So,
- House: 50/50, but it goes to Sally because Sophie, a minor in her primary care, lives there. If Sophie were independent and/or older, it could be sold by mutual consent, not by Kevin's sole initiative, and the proceeds split, or one could buy the other's interest.
- The Garage: 50% of Kevin's share, unless other arrangements were made when Tyrone was given his share. She did take an active hand in the business by managing the books. Same as the house. That stinks for Kevin. Too bad. Sally could sell her share to whomever she pleased, but should sell it back to Kevin for peace with the girls.
- The Lottery Ticket (and any bank accounts, investments, or debts): 50/50. Too bad, Kev, you're still married.
They both have horribly incompetent counsel if they can't see figure out the ticket.
I bet this has caused a nice bit of discussion in homes as well as here.
Kevin was a moron for telling the world about the win, but then the lift has never really gone right up his shaft has it.
Sally's continuing sanctimony sickens me. Let's look at the track record.
True, Kevin strayed first in 1997, with Natalie, but that was a short-lived fling that their marriage was able to overcome.
Then Sally took up with Greg Kelly in 1998, left Kevin, and took his daughters away from him.
After they got back together, Sally had an affair with Ian Davenport in 2005. Kevin then took up with Molly in 2010, fathering a child in the process.
That's even stevens in my book. Both unfaithful idiots, and as such neither has the right to the high moral ground.
Kevin should give half of it to Steve, he did let him in and it would have been Steve's scrarch card. Or good ol'Kevvie baby could give it to Steve to prove to Sally that he really is sorry, Sally would never let it happen buy, still could be an interesting angle. As to picking sides I am firmly planted on the fence.
Not going back in history as somebody else has done that to point out Sally's flaws. Sally was still screeching on the doorstep in the morning. Had another man in her bed the night before. Couldn't wait get her hands on the pen to sign the papers which SHE filed. Kev did ask her nicely again to give it another try 2 minutes before. AND told her that she could have the house in the week, this before the windfall. Did she tell all this to her gang of geese in the Rovers - course she didn't (though those scene’s were Corrie gold).
What Kev did was wrong, wrong, wrong but he had finished with Molly and tried so hard to make things up with Sally without her knowing, but by now the apple cart was well and truly tipped and the rest as they say is history.
Now recently it’s all become about Sophie and pity help that Sally and Sophie have to move from the house (it would be worth it if only to get Sophie off that sofa). Don't forget that Kev lives in a dingy flat with a baby. Sophie is practically a grown up, for heaven’s sake, so Sally stop using the ‘gurrrls’. And.... Jeff seems to have settled in pretty fast if you ask me, he seems to have come from nowhere.....
Sally has always seen pound signs. No13 wasn’t good enough and of course Rosie went to a posh school. (Ha Actually Cheryl measuring up was very funny in that respect)
It's all poor old Sally and no matter if Kev sold his kidney now it wouldn’t be enough....
so NO Kev should keep the money. Sally wouldn’t have shared in a million years.
This is a woman's point of view, so would I have been the only female in the men's camp at the Rover's?
I didn’t think I’d ever agree with Owen so much, which is actually quite worrying :D
why should he keep it all after what he has done-put her through hell he owes her something just for that
legally theyre still married no pre nup so yes she shouldget half
I think Sally and Kevin's lawyers are a couple of nitwits. Wouldn't they want verification of the winnings not just Tyrone's announcement? Kevin could have just said Tyrone was lying, how could Tyrone have proved otherwise. Kevin could find someone, pay them to cash in the ticket, keep part of the money for day to day living, and set up trust funds for the girls and Jack. Even if Sally gets the house how will she manage to pay the mortgage/utilities with her paltry salary from Underworld's....I'm sure the house is not paid for. I've also wondered how Kevin could have the house listed without Sally's consent, are they not listed as co-owners on the house mortgage?
Frosty the Snowman's comment on John Stape and his family's dire straights........haha...love that scenario.
K
Sal and Kev will probably buy the Rovers.
If Kevin's lawyer can prove Sally and him had a 'legal seperation' before the abitration then it would prove that this money is not a joint asset. I also believe that if sally did not agree they were legally seperated at this time, any reference to Kevin's adultry in court would be thrown out, as she herself is technically commiting adultry by seeing Jeff while still legally married.
Personally, I'm sick of Sally, her character is such a money-grabber. She once said that just because someone died it doesn't make them a good person.. well the same can be said of if you have cancer...
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