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

Options
2

Comments

  • BWZN93
    BWZN93 Posts: 2,182 Forumite
    First Post First Anniversary Combo Breaker
    edited 26 January 2015 at 6:17PM
    Options
    To be prepared rather than be caught out when his solicitor starts whacking out demands.

    But demands are just that; demands. Unless she agrees to it, then nothing will progress. He could just be talking out of his hoop because he is feeling sorry for himself, whether he is going to stump up for a solicitor to try and fight for 'his half' is an entirely different matter. (BTW OP - apologies if this sounds harsh, but he sounds like he's a just chancing his arm and in reality, a cheater and alcoholic isnt likely to be supported by the court).

    Again, he can rack up his own costs by getting a solicitor to write letter after letter, ultimately, the OP doesn't need to agree. In this instance, he has contributed nothing to he purchase and since the value of the properties haven't risen, I'd be inclined to suggest that; reasonably speaking; they both be returned to their original financial state prior to a short marriage; ergo - he can ask for what he wants, what he gets isnt necessarily going to be the same.

    Personally, if it were me, I'd be telling him to go and spend what he has on a solicitor because no way would I be giving him 50% of the equity that I brought to the marriage when he's the one that f***ed up.
    #KiamaHouse
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    Options
    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 should imagine they need one anyway to

    a) pursue the divorce and
    b) sort out the financial settlement.

    Given it would be the OP's advantage to proceed with both as quickly as possible (to keep it a short marriage for legal purposes) then I don't see why they should wait for anything.
  • RAS
    RAS Posts: 32,712 Forumite
    Name Dropper First Anniversary First Post
    Options
    Personally, I would do the divorce papers myself, printing off the forms on the court web-site and paying the fees.

    The financial settlement in many cases benefit from legal advice and the OP needs a clean break and the marriage is on the borde rof short/longer term marriage. The other party is probably relying on the OP being as easy to persuade as previously.
    The person who has not made a mistake, has made nothing
  • C_Mababejive
    C_Mababejive Posts: 11,656 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    To be prepared rather than be caught out when his solicitor starts whacking out demands.

    I agree that one should do some research but i wouldnt throw any serious money at it at this stage.

    As for his solicitor, well we are assuming that he will engage one and pursue it.

    Even so, a solicitor has no more authority than you,i or the man on the clapham omnibus.

    One is not obliged to even respond to solicitous correspondence from solicitors. The only time the OP may be obliged to engage with any process is when court papers are served.

    That is the time to act.

    Solicitors like to pretend they have authority and power and try to bluff it all the way.

    Sometimes the very act of paying them heed can worsen your situation,.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • AngelOfTheNorth
    Options
    I should imagine they need one anyway to

    a) pursue the divorce and
    b) sort out the financial settlement.

    Given it would be the OP's advantage to proceed with both as quickly as possible (to keep it a short marriage for legal purposes) then I don't see why they should wait for anything.

    Do we know it would be to OPs advantage? I don't see how we can make that call without some idea of the value of the husband's pension pot, though obviously OP may still prefer a clean break even if it would be less financially beneficial to her. But both parties have an asset here.
  • sassyblue
    sassyblue Posts: 3,783 Forumite
    First Post First Anniversary Combo Breaker
    edited 26 January 2015 at 10:23PM
    Options
    The starting point is how much your house has increased in value since you married, and you say it hasn't. As you say you don't have the money right now You could totally ignore his demands and tell him if he goes to a solicitor you'll go for his earnings and pension.

    Can you afford the house on your own? It's a moot point really, I would get the house up for sale and see a solicitor, if you're divorcing no point in holding off.

    It's not that he can delay the divorce but you won't get the degree absolute until the financial affairs have been settled, this is in your interests too - actually more so than his I would say.


    Happy moneysaving all.
  • Spendless
    Spendless Posts: 24,157 Forumite
    Name Dropper First Post First Anniversary
    Options
    Doesn't the fact that the houses have sold for a loss have to be taken into account?
  • warmhands.coldheart
    Options
    Of no help what-so-ever but it's sad to see it's not only men getting shafted by their wife when it comes to divorce......

    Hope you get it sorted!!
  • rpc
    rpc Posts: 2,353 Forumite
    Options
    it's sad to see it's not only men getting shafted by their wife when it comes to divorce......

    So you think it's better when the women always win and the men always get shafted? It's sad when anyone gets shafted.

    Divorce needs to be fair. But fairness is in the eye of the beholder and so we have courts to apply an objective assessment.
  • warmhands.coldheart
    Options
    rpc wrote: »
    So you think it's better when the women always win and the men always get shafted?


    No I do not...
    rpc wrote: »
    Divorce needs to be fair.

    I would completely agree with this
    rpc wrote: »
    ...fairness is in the eye of the beholder and so we have courts to apply an objective assessment.

    NOT always the case...
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards