FINALLY DONE IT: Tayforth's new beginning

paulineb_2

You will need legal advice if you are planning to split assets, that includes savings, pensions.

Theres another thread on here about a marriage splitting and the advice has been that the husband would be entitled to 50:50, including savings that the wife has.

But if you are planning to work out who gets what, even if you dont need the advice of a solicitor long term, its worth getting advice from one in the short term, or at the very least get an appointment with the CAB, they sometimes have retired lawyers working for them.

That is an area of expertise that few people on here (and there are people who have been through the same and people who are employed in the legal profession) can answer.

You may not want to go to court but its worthwhile knowing exactly where you stand in law, dividing up assets during a separation/divorce.

For both your sakes.

tayforth

Bangton wrote: »

I'm not sure as to why, if you are so fearful you aren't clearing all your things from your home and leaving him there with a view to YOU renting somewhere else (you mentioned money wasn't an issue previously).

You could then meet somewhere public/neutral to discuss the ins and out of the split....without compromising your safety.

I say this purely out of concern x

Thanks so much. It's mainly because (a) 90% of the stuff in the house is mine and would require a removal van rather one car trip, and (b) I'm so emotionally drained ATM that having to move house might actually tip me over the edge.

paulineb wrote: »

You will need legal advice if you are planning to split assets, that includes savings, pensions.

Theres another thread on here about a marriage splitting and the advice has been that the husband would be entitled to 50:50, including savings that the wife has.

But if you are planning to work out who gets what, even if you dont need the advice of a solicitor long term, its worth getting advice from one in the short term, or at the very least get an appointment with the CAB, they sometimes have retired lawyers working for them.

That is an area of expertise that few people on here (and there are people who have been through the same and people who are employed in the legal profession) can answer.

You may not want to go to court but its worthwhile knowing exactly where you stand in law, dividing up assets during a separation/divorce.

For both your sakes.

I'm actually looking into an annulment, for various reasons. Which would sort all of the above. We'll see.

Kayalana99

paulineb wrote: »

Theres another thread on here about a marriage splitting and the advice has been that the husband would be entitled to 50:50, including savings that the wife has.

Agreed on legal advice but don't want OP to worry about this 50:50 if your on about the same thread she is married for 25 years? I belive and have two kids.

Generally the courts award 50/50 because the wife has stayed home with the kids whilst the husband has gone out an got a career so they both have provided 50/50 to the relationship, in this case thier are no kids and they have no brought home just rented - so all money in and out would of been for general spending and rent and furniture which would all be divded 50.50 (assuming from what OP has said) as for money OP had before marriage it would most likey be classed as hers as the marriage has not been for long and no kids are invovled so no sacarfices have been made by husband or wife.

tayforth

Kayalana99 wrote: »

Agreed on legal advice but don't want OP to worry about this 50:50 if your on about the same thread she is married for 25 years? I belive and have two kids.

Generally the courts award 50/50 because the wife has stayed home with the kids whilst the husband has gone out an got a career so they both have provided 50/50 to the relationship, in this case thier are no kids and they have no brought home just rented - so all money in and out would of been for general spending and rent and furniture which would all be divded 50.50 (assuming from what OP has said) as for money OP had before marriage it would most likey be classed as hers as the marriage has not been for long and no kids are invovled so no sacarfices have been made by husband or wife.

That was what I thought too, thank you xx

paulineb_2

Kayalana99 wrote: »

Agreed on legal advice but don't want OP to worry about this 50:50 if your on about the same thread she is married for 25 years? I belive and have two kids.

Generally the courts award 50/50 because the wife has stayed home with the kids whilst the husband has gone out an got a career so they both have provided 50/50 to the relationship, in this case thier are no kids and they have no brought home just rented - so all money in and out would of been for general spending and rent and furniture which would all be divded 50.50 (assuming from what OP has said) as for money OP had before marriage it would most likey be classed as hers as the marriage has not been for long and no kids are invovled so no sacarfices have been made by husband or wife.

Yes thats the thread I was referring to, but I did say above get some legal advice from the CAB or see a solicitor.

They havent been married long but they have been together for 7 years and people can have rights to assets if they can show a court that they contributed to said assets.

And yes, agreed, no kids and no property. However the people who can advise on all of this are legal people.

Because you are better to know every scenario that might take place than take well meaning advice from people who say things will be alright.

Ive seen people go through splits who arent married and have been together for a long time and due to communication breakdowns and awful behaviour on one persons side are trying to sort out who is entitled to what through lawyers. Who are making a pretty penny out of all of it.

And it might just be a neat and tidy walk away and split everything down the middle or her partner might just happily take out his belongings and go.

But theres nothing wrong with getting some proper legal advice on where you stand so that you can be prepared going forward.

tayforth

paulineb wrote: »

Yes thats the thread I was referring to, but I did say above get some legal advice from the CAB or see a solicitor.

They havent been married long but they have been together for 7 years and people can have rights to assets if they can show a court that they contributed to said assets.

And yes, agreed, no kids and no property. However the people who can advise on all of this are legal people.

Because you are better to know every scenario that might take place than take well meaning advice from people who say things will be alright.

Ive seen people go through splits who arent married and have been together for a long time and due to communication breakdowns and awful behaviour on one persons side are trying to sort out who is entitled to what through lawyers. Who are making a pretty penny out of all of it.

And it might just be a neat and tidy walk away and split everything down the middle or her partner might just happily take out his belongings and go.

But theres nothing wrong with getting some proper legal advice on where you stand so that you can be prepared going forward.

I'll try not to think too much yet about assets. Our only 'major' asset is our car. No joint accounts, no house etc. We also bought a PC and a bed together. I'm sure that it can all be sorted out with the need for lawyers. He can have the whole bloody lot if he really wants it, I'll just be glad to be rid of him.

JanCee

tayforth wrote: »

I've just phoned the LL and told him everything. He has kindly offered to chane the locks on Tuesday morning. We don't have a current lease - our last one expired 2 years ago. The LL is so easygoing that he didn't mind, and we always pay on time, so everyone is happy. He's going to draw up a new lease with just my name on it. Will that work?

When a lease expires and a new one is not signed the tenancy automatically goes onto a rolling contract. To end the tenancy the LL has to give 2 months notice served on the date the rent is due, the tenants have to give 1 months notice served on the day the rent is due.

I am not 100% sure of the legalities here but I think that although you can ask him to leave, you can't force him to.

Practically you need to have a bag packed & ready to go yourself if necessary, although I hope for your sake that it doesn't come to that.

tayforth

I'm exhausted. Just about to pack a bag for myself in case I need to leave. I hope that it won't come to that.

tayforth

JanCee wrote: »

tayforth wrote: »

I've just phoned the LL and told him everything. He has kindly offered to chane the locks on Tuesday morning. We don't have a current lease - our last one expired 2 years ago. The LL is so easygoing that he didn't mind, and we always pay on time, so everyone is happy. He's going to draw up a new lease with just my name on it. Will that work?

When a lease expires and a new one is not signed the tenancy automatically goes onto a rolling contract. To end the tenancy the LL has to give 2 months notice served on the date the rent is due, the tenants have to give 1 months notice served on the day the rent is due.

I am not 100% sure of the legalities here but I think that although you can ask him to leave, you can't force him to.

Practically you need to have a bag packed & ready to go yourself if necessary, although I hope for your sake that it doesn't come to that.

Thanks for that. I know that I have to rely on him leaving voluntarily. Fingers crossed.

tayforth

I've packed a few bits. Totally shattered, and I need a shower. I'm going to have one now and then try to relax before bed.