Moved out of home, now OH wont give me half the house value.

zzzLazyDaisy

ineed wrote: »

Ah I didn't even notice that my apologies, maybe some information on the site can still be of some benefit, I'll leave it there on the off chance.

The problem is.... the reader won't know which information applies to UK and which doesn't (apart from the bit about having to be an Australian citizen, which is a bit of a give-away).

I can see why you linked to the site; it is very clear and succinct, and a lot of it is the same as English law (though not necessarily Scottish law). I haven't read it thoroughly and don't know enough about these issues, to be able to point out any other discrepancies between the two legal jusrisdictions, but that really is the point.

On the other hand, if you can find something equally as clear and helpful on an English site, that would be really great :T

EDIT - sincere apologies if this comes across as a personal criticism of you, that certainly isn't the intention.

ineed

zzzLazyDaisy wrote: »

The problem is.... the reader won't know which information applies to UK and which doesn't (apart from the bit about having to be an Australian citizen, which is a bit of a give-away).

I can see why you linked to the site; it is very clear and succinct, and a lot of it is the same as English law (though not necessarily Scottish law). I haven't read it thoroughly and don't know enough about these issues, to be able to point out any other discrepancies between the two legal jusrisdictions, but that really is the point.

On the other hand, if you can find something equally as clear and helpful on an English site, that would be really great :T

Due to medications I take, I sometimes make minor errors like that. Similarly a spelling mistake was brought to my attention before because I don't normally make such mistakes.

English site that might be helpful http://www.compactlaw.co.uk/free-legal-information/relationships-family-law/unmarried-couples.html.

blueybug

Yes we are married still.

Yes he is paying the mortgage on his own right now ( it's only £130 a month ).

Yes he has savings.

I'm not after everything just £25,000 out of a house valued at £140,000

I don't want his money/pension or half the house goods inside and out I just want enough to start me on my own.

zzzLazyDaisy

blueybug wrote: »

Yes we are married still. .

Well in that case, I suggest that you speak to a solicitor and get advice on this problem, as your rights in divorce extend further than simply half the value of the net equity in the house (it is clear from your post that you are aware of this). It may be that a solicitor's letter explaining the facts of life in a divorce scenario may bring him to his senses and encourage him to come to an 'amicable' arrangement about the house without you having to force the issue to court.

But in any event, it is best to have any agreement re assets etc recorded on a Consent Order to draw a line under the whole thing and prevent either party from seeking a share of the other's assets further down the line.

You need to see a solicitor.

samtoby

I would be going to a Solicitor before the mortgage runs out.

blueybug

Thanks guys, I'm going to book one for next week. I'm not being unkind, I just want an amount from my home.

blueybug

zzzLazyDaisy wrote: »

Well in that case, I suggest that you speak to a solicitor and get advice on this problem, as your rights in divorce extend further than simply half the value of the net equity in the house (it is clear from your post that you are aware of this). It may be that a solicitor's letter explaining the facts of life in a divorce scenario may bring him to his senses and encourage him to come to an 'amicable' arrangement about the house without you having to force the issue to court.

But in any event, it is best to have any agreement re assets etc recorded on a Consent Order to draw a line under the whole thing and prevent either party from seeking a share of the other's assets further down the line.

You need to see a solicitor.

So for him to say "no you moved out you are getting nothing" isnt true. I know I moved out (for stress of the breakup of the marriage) I never once said I wanted him out of the home, infact I could of been nasty about it, but I allowed him to stay in a home with a cheap morgage to pay (bills are very cheap as its a small home).

I know he is seeing someone else but thats not my point, I just want an "out of court" type payment.

Valli

As it appears you were married you also need to initiate divorce proceedings - or he does.

Are there any children? This would alter the situation as they need to be provided for, but on what's been posted thus far I'll assume not.

If not, then the courts will start from a standpoint of a 50/50 split of assets.

SO

(put simply)

You need valuations on the property.
You need to list all assets (this includes pension pots)
You need to subract all debts

You could arrange to meet at mediation and agree a division of assetts which may be ratified by a court. Even if your ex is unwilling to attend mediation I suggest that you ensure your solicitor knows you wish to come to an agreement through mediation if at all possible (the courts like to see the mediation services used;))

Most solicitors will offer an initial fee half hour consultation. Make sure you ask for this when you book an appointment.

It isn't as simple as him just removing your name from the mortgage and handing over half the value of the property, unfortunately. Plus he has already stated he doesn't intend to hand over anything, so it appears as though you will have to fight for what you are due.

ABARKIE

blueybug wrote: »

Yes we are married still.

Yes he is paying the mortgage on his own right now ( it's only £130 a month ).

Yes he has savings.

I'm not after everything just £25,000 out of a house valued at £140,000

I don't want his money/pension or half the house goods inside and out I just want enough to start me on my own.

Hi

This doesnt sound right

You want £25K - Half of £140K is £70K pre mortgage

You need to follow Valli's advice / plan

Thanks

pinkshoes

blueybug wrote: »

Yes we are married still.

Yes he is paying the mortgage on his own right now ( it's only £130 a month ).

Yes he has savings.

I'm not after everything just £25,000 out of a house valued at £140,000

I don't want his money/pension or half the house goods inside and out I just want enough to start me on my own.

So give him 28 days to give you £25k, otherwise you will take him to court for half of EVERYTHING!

if you really want so little, use it to your advantage!