Help!!!! Divorce - who gets what!!!!
17 January 2002, 05:16 PM
#1
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Hey folks,
I know I don't usualy post but read almost every other day, I just wanted to know what happens in the below sitation as I am about to apply for a divorce, we just don't get on any more and are always arguing....
Situation.....
The house is in MY name I pay the Mortgage and I paid for the deposit. She pays the bills and the council tax. Now what i need to know, is she eligible by law to 50% of the house or any of it's value. If we have a seperation period for 2 years does she get to stay in the house and I get kicked out...... The keys to the house where given to me after we got married if that makes a diffence.
PS we have no joint accounts, shares etc as we've only been married 2 years....
PLEASE HELP AS THIS HAS MESSED ME RIGHT UP......
thanks
I know I don't usualy post but read almost every other day, I just wanted to know what happens in the below sitation as I am about to apply for a divorce, we just don't get on any more and are always arguing....
Situation.....
The house is in MY name I pay the Mortgage and I paid for the deposit. She pays the bills and the council tax. Now what i need to know, is she eligible by law to 50% of the house or any of it's value. If we have a seperation period for 2 years does she get to stay in the house and I get kicked out...... The keys to the house where given to me after we got married if that makes a diffence.
PS we have no joint accounts, shares etc as we've only been married 2 years....
PLEASE HELP AS THIS HAS MESSED ME RIGHT UP......
thanks
17 January 2002, 05:28 PM
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hmmm, my divorce went on for 6 years.
Make sure you apply to solicitor for a legal seperation now in writting.
I ended up paying my other half £25000 plus she kept new car, and the £4000 I loaned her to help her.Plus she kept half the contents of house.
Make sure you apply to solicitor for a legal seperation now in writting.
I ended up paying my other half £25000 plus she kept new car, and the £4000 I loaned her to help her.Plus she kept half the contents of house.
17 January 2002, 05:38 PM
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I looked into this a while back, the solicitor I consulted recommended I never marry !
Marriage laws overwrite all others (including prenuptual agreements).
It's a common misconception that a prenuptual will save you.. a judge may take it in consideration, but isn't obliged to.
Odds are you have to give her half the house if she wants to fight to the death, sorry to say
In this world of feminism and equal rights, it does seem rough that a woman can live with you for a year and take half of everything you've taken 20+years building, but only if you had a wedding. Weird.
It's about time they overwrote marriage laws, but they won't, because it'd probably be considered unfair to women.. and as we all know, the rights of men aren't worth a stuff.
[Edited by DavidBrown - 1/17/2002 5:42:07 PM]
Marriage laws overwrite all others (including prenuptual agreements).
It's a common misconception that a prenuptual will save you.. a judge may take it in consideration, but isn't obliged to.
Odds are you have to give her half the house if she wants to fight to the death, sorry to say
In this world of feminism and equal rights, it does seem rough that a woman can live with you for a year and take half of everything you've taken 20+years building, but only if you had a wedding. Weird.
It's about time they overwrote marriage laws, but they won't, because it'd probably be considered unfair to women.. and as we all know, the rights of men aren't worth a stuff.
[Edited by DavidBrown - 1/17/2002 5:42:07 PM]
17 January 2002, 06:10 PM
#4
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i am just going through this myself....
my ex-husband has the house and everything in it, the house was mine before i even met him!!!
we have a legal seperation in place for 2 years, and i recomend this to anyone if you want a "no fault" divorce at the end of 2 years.
what she is entitled to and what she "takes" are 2 different things, yes she IS entitled to 50%, but if you can manage to keep a calm head and talk rationally this may infact not happen.
I didnt want to take half of everything, and left with only my personal possesions and car.
my advice is... if you can come to an arrangement between yourselves about who gets what etc, that is agreeable to the both of you, then go to a solicitor and get a legal seperation drawn up stating that this is the final settlement on the grounds of who gets what and that no further claims against either of you can be after that date, then after 2 years a straight forward divorce can be had.
good luck mate... i know its hard
[Edited by scoobyangel - 1/17/2002 6:11:13 PM]
my ex-husband has the house and everything in it, the house was mine before i even met him!!!
we have a legal seperation in place for 2 years, and i recomend this to anyone if you want a "no fault" divorce at the end of 2 years.
what she is entitled to and what she "takes" are 2 different things, yes she IS entitled to 50%, but if you can manage to keep a calm head and talk rationally this may infact not happen.
I didnt want to take half of everything, and left with only my personal possesions and car.
my advice is... if you can come to an arrangement between yourselves about who gets what etc, that is agreeable to the both of you, then go to a solicitor and get a legal seperation drawn up stating that this is the final settlement on the grounds of who gets what and that no further claims against either of you can be after that date, then after 2 years a straight forward divorce can be had.
good luck mate... i know its hard
[Edited by scoobyangel - 1/17/2002 6:11:13 PM]
17 January 2002, 09:15 PM
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Hi
I went through this las year and my situation was very similar to yours. I had been married for 14 months. The house in my name and paid for by myself (had house before I had husband)
As there were no grounds for immediate divorce I too had a legal separation put in place like scoobyangel.
My solicitor said to me that becuase the marriage was of such a short duration that he had no claim to 50% of the house or any of my comany assets. My husband was to move out of my property on an agreed date and we resolved all financial issues in the legal separation.
I completely agree with scoobyangel and mccltd, get a legal separtion drawn up and agreed pronto. I messed around trying to sort things out like grown ups and ended up £18k out of pocket as he proceeded to sell pretty much everything we / I owned including the car I paid in full for !
Go see a solicitor quickly . It's not a nice experience but it will give you some piece of mind.
I went through this las year and my situation was very similar to yours. I had been married for 14 months. The house in my name and paid for by myself (had house before I had husband)
As there were no grounds for immediate divorce I too had a legal separation put in place like scoobyangel.
My solicitor said to me that becuase the marriage was of such a short duration that he had no claim to 50% of the house or any of my comany assets. My husband was to move out of my property on an agreed date and we resolved all financial issues in the legal separation.
I completely agree with scoobyangel and mccltd, get a legal separtion drawn up and agreed pronto. I messed around trying to sort things out like grown ups and ended up £18k out of pocket as he proceeded to sell pretty much everything we / I owned including the car I paid in full for !
Go see a solicitor quickly . It's not a nice experience but it will give you some piece of mind.