friends sticky divorce problems

Brewstersmum

Hi, Ive been a lurker for a while as MSE is one of the sites my work doesn't block! well im very grateful for that as since ive been reading all day ive saved loads of money, sorted out my DMP and read some really good advice, just a shame I cant post from there!!

anyway im after some advice for my friend. She is with a guy who is going through a divorce. My divorce ran smooth with no assets to divide so I really cant advise her. This guy owns his own home. its his sole name on the mortgage and on the deeds. He says he always paid the mortgage from his wage and the bills. his ex left him and initiated the divorce, now she is after half of the property and everything else. they have no children together. can she do this?

to make matters a little more complicated, my friend has just found out she is pregnant. she is now worried about getting some stability before the baby comes. How will this affect the financial outcome of her partners divorce? shes in a real pickle now as she obviously needs to know whether her partner will have to sell up to pay his ex off or whether he will keep the property.

as I mentioned I cant post from work but I do read all day so ill reply later to posts. thanks in advance.

19lottie82

1) When did they get married?

2) When did they buy the house?

I'm no expert but I expect the (ex) wife will be entitled to some of the property, especially if it was purchased together, after they were married. If they are married then it is "their" house, not "his" house, I'm afraid.

In fairness, do you expect the woman to walk away from her marriage with nothing? Maybe she didn't work, but I'm assuming he agreed with this?

I can't see your friend or her pregnancy having an impact on any possible settlement.

Brewstersmum

They got married 8 years ago and they both worked.
He bought the house 10 years ago I believe. She did take lots of stuff from inside the house and a car with her

My friend is more worried about the impact the pregnancy may have, if any, as financially he will have to provide for the baby, will this be taken into consideration?

19lottie82

so were they together when they bought the house? even if not I imagine she will still get a fair whack of the equity, if not half, as they were married for 8 years.

new partners / children will not come in to it.

yes he will be expected to provide for this baby, but that will be from his current earnings.

why should his ex get less of what is rightfully hers because your friend is pregnant?

Brewstersmum wrote: »

She did take lots of stuff from inside the house and a car with her

It was her home, her belongings too. Was she expected to leave wearing only the clothes on her back?

Brewstersmum

No I agree she is entitled to a share of things but I'm a firm believer that you take what is yours.
When I left my ex I left with what I put in. I left him so why would i want his stuff? Maybe it's just me that thinks like that....,,,

Like I say my friends more worried about the outcome as she is in limbo at the moment

SuzieSue

Did they earn similar amounts? What did she do with the money she earned, did she spend it on the house or pay for food, bills etc?

19lottie82

Brewstersmum wrote: »

No I agree she is entitled to a share of things but I'm a firm believer that you take what is yours.
When I left my ex I left with what I put in. I left him so why would i want his stuff? Maybe it's just me that thinks like that....,,,

Like I say my friends more worried about the outcome as she is in limbo at the moment

But when you are married your possessions, and assets are joint.

What are your friends concerns anyway? Is she living in the house in question at the moment with her partner? And is worried about having to move?

If so then yes, they will have to sell up, unless her OH has enough money to buy his ex out.

BUT if there is equity in the property, then they can use this to buy a new place together, which would surely be best for everyone. Does she really want to start their life and raise their child in a house that he lived in with his ex wife? I know I wouldn't.

If she really does want to stay perhaps she could raise the funds to pay off the ex, and become a joint owner of the property with her OH?

I think a 50/50 split is the most likely outcome, so your friend should prepare for that.

Brewstersmum

From what I gather she spent her wage on clothes and stuff, the house wasn't done up nicely

I obviously don't know the ins and outs as its my friends relationship

19lottie82

Brewstersmum wrote: »

From what I gather she spent her wage on clothes and stuff, the house wasn't done up nicely

I obviously don't know the ins and outs as its my friends relationship

Exactly, and even then you're only hearing what her partner is telling her. There are two sides to every story.

Again, I would be very surprised if anything less than a 50/50 split was awarded. And unless there were exceptional circumstances, I think your friends OH would be unrealistic to think he would come away with anything more than that.

Brewstersmum

She is currently renting her own property at the moment and he lives with her. The property in question is empty and my friends man is paying the mortgage still, obviously as its his debt. His ex pays nothing towards the upkeep of the house.

Does the equity get split from the date of split as he has been maintaining the house for a year after

marisco_2

As your friends partner and his ex were married, all assets they have will be viewed as joint and they would each be entitled to an equal share. If he is not happy about a 50/50 split then he will need to negotiate with his ex from that starting point. Something they would be wise to come to agreement on before instructing solicitors. Ultimately either trying to play hard ball will just result in considerable legal costs, and have a negative impact on how much each person ends up coming away with.

The fact that your friend is pregnant will not have an effect on how the financial aspect of her partners divorce is handled. Providing for the unborn child is solely the responsibility of your friend and her partner and would not be taken into consideration in his divorce. The only time when children are factored in is when they are the divorcing couples own and maintenance payments need to be agreed and set up.