D Word - entitlement question

newbyshoes

Posting under a new name as I dont want anyone to know I'm posting this sorry!

So, the time has come for me to admit that my marriage is now well and truly over, after his third attempt at having an affair and me being only 34 its time to move on. i always told him that at the next sign of trouble it was over, no questions asked. Im actually quite unemotional about it. My question is this:-

Our current property value is around £315k (south east before you ask how big it is!) and the remaining mortgage is around £250k. I can afford the mortgage on my own and will quite happily keep the house as the only thing I have to show for the past 6 1/2 years. Its been completely renovated, all to my liking and I'm not going to go and find another house and start again.

During our time together we had an agreement that I looked after savings and general finances etc (I dug him out of a £30k credit card hole a year into our relationship) and the plan was that I would save for retirement and look into an investment of some sort whilst he had a pension.

Do I have any claim therefore on 6 years worth of his pension investments? There was nothing in writing but as I have £17k of savings in the bank and no pension I think I could use this as a clever bartering tool. The ultimate goal is for me to knock as much as possible off the equity share as possible so that I dont have to remortgage to the hilt.

NAR

In a financial settlement in a divorce all finances (including pensions, property, shares, investments etc) of both partners go on the table for sharing.

BitterAndTwisted

Will he go? Will he agree for you to take over the mortgage on the property?

tanith

Everything will be shared as NAR says unless of course there are children then things will be a little different..

newbyshoes

He wont like it but in all fairness if the marriage is well and truly dead then one of us has to go!

No kids involved which is good i suppose

newbyshoes

what about awarded company shares that havent reached their Vest date yet? What happens with those?

clearingout

with no children involved, a relatively short marriage and a reasonably young age (I had 10 years on you and was considered 'young' from a legal perspective and my on-going ability to contribute to my own pension), I think you need some proper legal advice. Unless he has hundreds of thousands stacked away in a pension and you can prove somehow that he obtained that pension to your detriment (so you worked part-time, gave up a good job to travel with him 'cos of his work etc. etc.) then I'm not sure you're going to have much of a claim on his pension. But as you say, there is nothing to stop you using it as a barting tool. Try posing your questions on https://www.wikivorce.com where you will get an honest response, providing you reveal sufficient financial information.

relic

What I don't get about these posts is that people say "i'm using a new username because my family and friends use this site", then continue to give out very specific information regarding ages, relationships, children, money, value of houses, and so-on.

Oldernotwiser

You may be able to afford the mortgage but do you earn enough for your lender to allow you to take it on?
You'll need a very high income to be able to borrow 250K in today's climate, particularly if you need to borrow extra to buy him out.

newbyshoes

the earning potential is no issue whatsoever, thank god. funnily enough the "other woman" has kids in tow and no job. Nice work hubby!