D I V O R C E

thetheboy

Please help me I am going through a divorce at the moment - still living together. We have decided to get divorced as things arnt working and havent been for a long time. What I want to know is our house is in both names so -what am I entitled to should it be 1/2 - we have both contributed the same (roughly - me a bit more than her) so what happens now? She wants to stay in the house - we have a 50 grand mprtgage and the house is worth about 100.

What do we do about the cooker and washing machine etc?

any advice would be greatly appreciated

Ronn1e_2

Speaking from experience the best advice anyone can give you is get a good solicitor.

Ticklemouse

My first marriage ended in divorce, in the 80's. We had no kids, but a joint house/mortgage along with everything in it. Like you, we lived in the same house for quite a long time after deciding the marriage was over. Luckily, we remained friendly and decided that my ex would buy me out of the house, split 50/50 even though he had contributed more in the later years. We split the possessions in that whatever our families had given us, we took and we came to agreements about stuff we had bought together - washing machines, tv's etc.

By the time we actually got divorced, everything financial had been sorted as I had my own house by then. The only thing I couldn't change was the fact that we had a joint endowment and my name couldn't be taken off the policy, but I signed it over the my ex anyway. All in all, we saved ourselves a large legal bill because everything had been sorted amicably before hand. If you and your ex are still on good terms, then sit down togather and try this option first. At the end of the day, giiving away the washing machine may still be cheaper than a huge solicitors bill.

NAR

I would totally agree, a nasty divorce including financial settlement can cost over £10k in solicitors and barristers fees.

wolvesinwales

I cannot emphasise enough the points already listed above about trying to sort it out between yourselves.
As soon as proffesional antagonizers ( solicitors) are involved they will ensure it turns into a long running battle that will only benefit themselves.

Some useful information available at https://www.divorceonline.co.uk

jazzyjustlaw

wolvesinwales wrote:

I cannot emphasise enough the points already listed above about trying to sort it out between yourselves.
As soon as proffesional antagonizers ( solicitors) are involved they will ensure it turns into a long running battle that will only benefit themselves.

Some useful information available at https://www.divorceonline.co.uk

Bit of a generalisation. Solicitors try to promote mediation as far as possible. It is far better to be amicable but some people will argue about the most ridiculous of things.

Anyway, OP I would say if you have any doubt then see a Solicitor but make sure you get one though a recommendation. You may of course be entitled to Public Funding.

All the best.

wolvesinwales

jazzyjustlaw wrote:

Bit of a generalisation. Solicitors try to promote mediation as far as possible. It is far better to be amicable but some people will argue about the most ridiculous of things.

Anyway, OP I would say if you have any doubt then see a Solicitor but make sure you get one though a recommendation. You may of course be entitled to Public Funding.

All the best.

I am talking from my own experience and the solicitors involved promoted the opposite of mediation. I received letters complaining about everything from the 'For Sale' sign being 'removed' after a bad storm ! and missing pass books that they had already admitted to be in possesion of. I refused to use my solicitor to answer such stupid queries, which annoyed both parties.
I negotiated the settlement myself in the end but then it was nearly almost all lost because my solicitor took so long to pass the funds on.

mike_the_bike_2

"We sat down and amicably sorted things and everything was going ok until the solicitors got involved"

rushnowt

Sorry to hear your sad news thetheboy, I hope that all the advice you've had so far as helped, but just wanted to add that I wish you and your wife all the best in whatever you do and hope you'll both find great happiness in the future. take care.

Rush x

Jay-Jay_4

She should give you half of the equity in the house to buy you out ie £25k if the real market value is £100K, less what it would cost you both to sell through an estate agent and solicitors costs.

As for the washer and cooker then you can split the appliances ie: you get the cooker and she gets the washer or she could buy them from you for half of the second hand cost.

Can your wife afford to pay a £75K mortgage on her own? You would need to do a transfer of equity taking you off the mortgage but the Building Society will need her to prove that she can pay the mortgage on her own before you can do that.

It's potentially very messy if you have to do it through solicitors but if you can go to the B/Soc and solicitors together and sort it out it will be easier than if you end up not speaking and communicating through solicitors letters and relying on waiting for other people to contact you.

Ticklemouse wrote:

. Luckily, we remained friendly and decided that my ex would buy me out of the house, split 50/50 even though he had contributed more in the later years. We split the possessions in that whatever our families had given us, we took and we came to agreements about stuff we had bought together - washing machines, tv's etc.

I did exactly the same although I had to get a solicitor for him to agree to 50% of the house, unfortunately for him it took so long for the solicitor to organise this that the price of the house had increased by £30k. The moral of the story being 'just sort it out yourself..... and do it quick'.

If you can amicably agree to split everything then you'll be able to get through this a lot easier. Try to be mature about objects and posessions, don't get caught up arguing over who get's the purple vase with the orange flowers. If you both want one item then gone of you gets it and the other one gets first choice on something else.

Just try to sit down for an hour and write down what you've agreed to then you don't spend the next few months bickering about who said what.

good luck x x x

Ticklemouse

Jay-Jay wrote:

I did exactly the same although I had to get a solicitor for him to agree to 50% of the house, unfortunately for him it took so long for the solicitor to organise this that the price of the house had increased by £30k. The moral of the story being 'just sort it out yourself..... and do it quick'.

Mine was the other way around. By the time we had agreed what we were going to do and I could get my own place (I was made redundant during this time which was the main reason for staying in the marital home) the price of our house had dropped by 50K, so I lost out on £25k. Therefore, still a reason to be quick