Divorce financial disclosure - advice needed

Dooky

Hi, I'm new here, but wondered if anyone could give me any advice regarding financial settlements in divorce?

Basically i owned a property and had a mortgage in my sole name. After meeting my partner he moved into my property, we had a child together and i added him to my mortgage but had a deed of trust drawn up by a solicitor to protect my interest.

A year after deed of trust was draw up we married, which lasted 18 months. Took me 3 years to divorce him as he was unco-operative and refused to sign any paperwork. I've been paying for mortgage and all bills since separating, getting CSA payments from ex for our child (that he has no contact with)!

I am now going through a voluntary disclosure with him, he thinks he's entitled to 50% of property even though he only contributed for 3 years.

I'm not interested in his 22 year pension or maintenance for me, just want him off my mortgage paperwork but seems easier said than done.

Is anyone in similar situation or offer any advice?

Many thanks
D

mgdavid

what did the deed of trust say?
did marriage alter it?
how did you manage to divorce without a financial settlement being agreed first, or as part of the process?
you need legal advice
and you probably will want to be interested in his pension, it's a bargaining point - you have rights, as does he.

Foggster

I am surprised that your solicitor hasnt looked at the short time you were married. In many cases they would put you back into the position you were before marrying him.

Like mgdavid has said, what did the deed say and how come you were able to get an absolute on your divorce with this still pending?

margaretclare

There is such a thing as a 'short marriage' in which the parties go back to the stage they were at originally, and this may apply to you. The 50/50 rule, I believe, is more appropriate in a 'long marriage'. You need good sound legal advice on this one, and it will depend on what the judge says.

SuzieSue

He can ask for what he wants - it doesn't mean he will get it.

You are entitled to a share of his pension, just as he is entitled to a share of your property.

You are also entitled to a roof over your child's head as the child is living with you and not him. This is seen as a priority as far as the courts are concerned.

I can only go on what happened when my OH got divorced (however he was married for over 20 years), but in your case as you have only been married for 3 years, I don't think he will be entitled to any equity from your property as he needs to provide for his child. You might be entitled to some of his pension, but to make it less stressful all round, you should tell him that you will not claim any of his pension of he doesn't make a claim on your property.

SuzieSue

margaretclare wrote: »

There is such a thing as a 'short marriage' in which the parties go back to the stage they were at originally, and this may apply to you. The 50/50 rule, I believe, is more appropriate in a 'long marriage'. You need good sound legal advice on this one, and it will depend on what the judge says.

I agree with this (but I don't have any legal qualifications).

Ivrytwr3

tell him you will leave his pension if he leaves the house. Compromise or it will get expensive with solicitors.

If military he will also get a lump sum at the end of his 22yrs you may have claim too.

antrobus

As far as divorce is concerned a court has fairly wide powers to issue 'Property adjustment orders' see s24 Matrimonial Causes Act 1973 after considering the 'Matters to which court is to have regard in deciding how to exercise its powers' see s25. I have no doubt that the existence of a trust deed, drawn up before the marriage, would fall under the heading of a matter to which the court would have regard.

It sounds to me as if you're still at the horse trading stage. He says he wants half the house. You can say you want half his pension. A court may well decide otherwise unless you come to some agreement beforehand.

daska

Get some proper legal advice before you hand over any paperwork - you don't have to tell him you're doing so.

Dooky

Hi, thanks for all responses. The deed of trust stated that it was my property. I took legal advice and they said there is no dispute that house was majority mine, but from date of marriage the property technically turns into marital home. I'm trying to avoid court as it took me 3 years and £3k in costs to divorce. You can divorce someone and sort finances out at later date, especially to his non cooperation. My solicitor advised me against it as I wouldn't have a claim on his pension if he died suddenly. I wasn't bothered about that. I don't want a penny from him, just want him off my mortgage as I currently can't even change deal or lender without his signature. He's told me he'll sign mortgage paperwork to get himself off it once he gets what he's owed!
He moved into a ready made house, came with nothing, so in my eyes should leave with nothing. Marriage lasted 18 months! He hasn't contributed anything towards mortgage payments in last 4 years, I'm even paying his life cover on the mortgage. A true leach. Oh well you live and learn!

Valli

Have to agree that you CAN divorce (even with children) and sort finances at a later date - that's what I did.

Anyway; cannot comment on the deed of trust as I don't know what it covers BUT the 50/50 split is a starting point; the court can take into account the short marriage and what each party brought to the marriage so could award a 60/40 split in your favour or even a 70/30.
You can also use his pension pot as leverage - so don't go saying you wan't nothing from him; becaue you do, you want the house;).

The court will advise you go for mediation, if you do that you can find out what his assets are (ie pension etc) and work on a split of the lot.

Chances are he will come out with something; my ex brought nothing to the marriage; I already had a (mortgaged) property.