Husband wants 50% of house deposit during divorce but didn't contribute to it

DiscoCat54

Hello all

Here is a little potted history of my marriage and house buying status.

2010 met me husband - I had my own home bought for £290 k

2012 fianc! persuaded me to sell my home and buy a 'joint' place with him. House sold at 40k loss.

2012 - bought house with fianc!. I paid deposit and stamp duty. he did not want to go on to the mortgage however he paid half mortgage and bills

2014 - mother taken ill so had to move. House sold at 5k loss. When we moved I paid the deposit and stamp duty again. he continued to pay half mortgage and half bills and again did not want to be on the mortgage.

House was bought for £315 k and is valued at the same now (bought 6 months ago at top of valuation due to it being very close to my parents).

Sadly husband is an alcoholic and prone to having 'dalliances' whilst under the influence so in November I asked him to leave.

He moved out at the start of January and is living in rented accommodation. Whilst I find the situation utterly heart breaking we have discussed divorce and he would like me to buy him out of half of the deposit even though he didn't contribute to it. The deposit was 45k which was my money from my original home as was the stamp duty. He didn't contribute the property that gave me this equity.

We have always split the bills 50/50 although he earns three times as much as me and has a better pension.

He is refusing to contribute to mortgage now that he has moved out as a) he isn't on it and b) he thinks that if he cuts me off financially I will have him back.

I have spoken to three different 'agencies' and received conflicting advice.

I don't believe that he can force me to sell the house however I believe he could delay the divorce until we decided on a mutually agreeable figure.

I don't have two pennies to rub together so in order to give him anything I would have no choice but to sell the house.

Any advice or general opinion would be really appreciated.

sinizterguy

Too complex to comment on here.

The timescales and contributions to the cost of the family home and expenses will also factor in.

See a good solicitor. With these things it depends on what you agree, unless you want to go to court - neither might get what they expect if you do that.

duchy

How long have you been married for ?
It appears less than five years and in a "short marriage" the general rule of thumb is to put both partners back to the financial position they were in had they not married.

Your post implies you bought the property together before the marriage ?

You need a solicitor - to explain your rights and to explain to you how to best protect yourself financially. It's one of those times when paying for proper advice can be the most MSE thing to do in the long term.

DiscoCat54

Hi Duchy

We have been married for 2.5 years - July 2012. The first house was bought in November 2013 under my name only with me paying deposit and stamp duty. That was sold and next house bought in June 2014. Again deposit and stamp duty paid by me as well as removal costs and all furniture.

duchy

Definitely talk to a solicitor -they will lay out your options.

kingfisherblue

I don't think you can afford not to talk to a solicitor. You really need professional advice. Although it may be expensive, it could save you an awful lot more in the future. If you do divorce, make sure that you get a 'clean break' and that all financial concerns are sorted out before the divorce is finalised. That way, he cannot come after you for more money in the future.

RAS

How much equity is there in the property (what would be left after paying off the mortgage, fees and removal)?

If it is pea-nuts offer half that for a clean break and get out wil the going is good.

If it is a lot, spending on a lwyer will cost less in the end and keep you safe.

In the mean-time, can you get a lodger?? Tax free income below the limit.

DiscoCat54

Hi RAS

After paying off the mortgage plus early repayment fees and removal fees there would be approximately 36k equity, less than the deposit that I paid out of my own money which was 45k plus stamp duty.

DS4215

You might want to remind him that you are entitled to a portion of his pension (even if that isn't strictly true after such a short marriage) and maybe you might both want to walk away with what you have (you - the house, him - his pension). It *might* work

C_Mababejive

Why would OP need to talk to a solicitor? It is her ex who needs to talk to one if he thinks he has a legit claim/or needs advice as to whether he has a legit claim.

I say ,at this stage,,do nothing.

sinizterguy

C_Mababejive wrote: »

Why would OP need to talk to a solicitor? It is her ex who needs to talk to one if he thinks he has a legit claim/or needs advice as to whether he has a legit claim.

I say ,at this stage,,do nothing.

To be prepared rather than be caught out when his solicitor starts whacking out demands.