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property question after separation

a man and woman have been married for 10 years and have 3 children. man in the army all that time so army accommodation. woman never worked but looked after home and children. man leaves army at half pension time and his parents give large deposit for a house. only man's name on mortgage. Parents also pay for and work on house e.g. new bathroom, kitchen, decorating.

4 months later woman says she no longer loves man and 2 months later leaves man and moves into rented accommodation with children.

what is the legal position now and in the future regarding the house?

Comments

  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    It's a joint asset. If they divorce, all assets will be taken into account, as will his parents' contribution and a decision made by a judge if they can't agree on how the assets should be divided. The most important thing is that the children have a home and this will take priority over who paid for what.

    Does she want to live in the house? Can she afford the mortgage alone? Does she want the house sold? It's a bit difficult to be more specific without more information.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • Treevo
    Treevo Posts: 1,937 Forumite
    It's a joint asset as the marriage is of a decent length. But it may be relevant the house being used as a marital home for a very short period of time, but I don't know if that would be enough to sway the split of the house.

    Was the deposit/renovation money loaned and if so did the mortgage company know it was a loaned deposit? Was it written down with a repayment calendar? That could change the amount of 'marital' equity quite a lot.
  • marrioa
    marrioa Posts: 113 Forumite
    The deposit/renovation money was a gift as far as the provider is aware and will remain so in reality unless things change in the future.
  • marrioa
    marrioa Posts: 113 Forumite
    Hi fluffnutter

    In reply to your additional questions. At the moment the answer to your first two questions is no. She is considering asking for the property to be sold, however. I totally agree that the children's welfare and future are paramount, although the woman is not necessarily of the same opinion.
  • Treevo
    Treevo Posts: 1,937 Forumite
    marrioa wrote: »
    The deposit/renovation money was a gift as far as the provider is aware and will remain so in reality unless things change in the future.

    If you (I'm presuming your one of the grandparents) signed documents to indicate it was a gift then it will remain a gift regardless. Unless you fancy committing fraud of course.
  • Treevo
    Treevo Posts: 1,937 Forumite
    marrioa wrote: »
    Hi fluffnutter

    In reply to your additional questions. At the moment the answer to your first two questions is no. She is considering asking for the property to be sold, however. I totally agree that the children's welfare and future are paramount, although the woman is not necessarily of the same opinion.

    I'd suggest that if she's been raising these children practically alone for most of their lives then that's a disgusting thing to say.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    If he's paying adequate maintenance, the children have a home and she can demonstrate no financial input into the house (which considering they've only had it six months seems likely) then she might not be able to force a sale.

    He might need some expert advice. But let's hope they can come to an agreement themselves. The only people who win when solicitors get involved are solicitors.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Treevo wrote: »
    I'd suggest that if she's been raising these children practically alone for most of their lives then that's a disgusting thing to say.

    We know nothing about them. Being a single parent doesn't automatically make you a good one, just as being a joint one doesn't either.

    Let's leave the moralising and speculation out of this. The OP's asking a fairly straightforward question.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • marrioa
    marrioa Posts: 113 Forumite
    Thank you for your replies.

    Treevo, you do not know the full story and I find your final comment extremely offensive.
This discussion has been closed.
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