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some advie needed please

hi ya all

not sure if this is the right place

so here goes my husband and i split in november 2005 i thought we may have got back together but he had other plans he got together with someone else straight away.

while i lived in a one bedroom flat with twins that had to share a cot. he went and bought a nice two bed house.

now as we are going through a divorce at the mo.would i be entitled to some of the house its in his name with her name next?

i keep getting different advice from solicitors.

please anyone advice needed

take care

Comments

  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Lual wrote: »
    hi ya all

    not sure if this is the right place

    so here goes my husband and i split in november 2005 i thought we may have got back together but he had other plans he got together with someone else straight away.

    while i lived in a one bedroom flat with twins that had to share a cot. he went and bought a nice two bed house.

    now as we are going through a divorce at the mo.would i be entitled to some of the house its in his name with her name next?

    i keep getting different advice from solicitors.

    please anyone advice needed

    take care

    Did you own a house that you both sold and received a share?
    Well life is harsh, hug me don't reject me.
  • Lual
    Lual Posts: 51 Forumite
    hi ya

    no we were in rented property when he left.

    someone has said i may be entitled to half the equity
  • saver_mum
    saver_mum Posts: 61 Forumite
    Lual wrote: »
    hi ya

    no we were in rented property when he left.

    someone has said i may be entitled to half the equity

    I Would suggest you go to you local law centre who will be able to advise you..
    divorce and money is never cut and dry..
    are you going for spousal support as well as child maintance?
    has he paid you any money since he left?
  • Anniek1969
    Anniek1969 Posts: 470 Forumite
    Not 100% sure but my brother is thinking of buying a house with his girlfriend and although he's not legally divorced yet i'm sure his lawyer said that she could only claim for anything that was obtained up until they split so she couldn't claim for anything that he now aquires. I know with his pension she could only claim until the date of their seperation. They have been seperated over 5 years so don't know if that has anything to do with it.
  • iceicebaby
    iceicebaby Posts: 3,633 Forumite
    Part of the Furniture Combo Breaker
    I think you are only able to claim against assetts obtained within the marriage ?

    Im sure someone with more knowledge will be along shortly to advise.
    Baby Ice arrived 17th April 2011. Tired.com! :j
  • Lual
    Lual Posts: 51 Forumite
    hi

    thanks all for replying

    what is spousal support?

    he has been giving me maintanence.

    he bought the house in may or june last year time i think.and we are still married today
  • Lady_S
    Lady_S Posts: 1,156 Forumite
    I would imagine that it would be difficult for you to claim on a house which you have had no input into.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    The possible reason why you have had different advice from solicitors (Your statement makes me wonder how many you have been to?) There are no firm rules in respect of how assets are divided there are however a list of factors in that a court has to consider. They will include present and future needs, resources and earning capacity of both the husband and wife, their age, the length of their marriage and what the contributions were of each to the family finances.

    There is no presumption that the wife is automatically entitled any other proportion of the joint assets and income it depends on circumstances and each case will be judged on merit and a court has the power to make whatever judgement it sees fit. The first consideration will be given to your children's needs

    Sorry but you will not get better advice on here than already given by your solicitor(s) and you need to get back to them to negotiate a suitable settlement with your ex or to make a application in court for a suitable settlement
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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