Can my estranged wife take my compensation/house?

prowla

Add up the value of everything owned by husband and wife, add in both incomes, add in any savings, add in any pensions, add in any shares, and halve the total.

That's the starting point.

FBaby

I think you need to set yourself up for quite an exhausting battle over this. It is not black and white. Of course you see what is fair what suits you, just as she will with her own tales and stories. The court will attempt not to find out who is vindicative and who is not, but what is fair from a legal perspective and mainly taking the kids' interests into account.

I think you need to brace yourself to what is a realistic prospect and that is that your wife will at worse get 50% of all the assets, most likely a bit more. You need to work out what this comes at and see how you could meet this without having to lose your new house. Whichever way, it is unlikely that you will be entitled to your new house and hers to the old if there is still quite a bit of mortgage to pay on it, unless the equity already gained is more than the full value of the new house.

Do you both have pensions? Savings, investments etc.... Your case is quite complex and you will need legal advice which will probably cost quite a bit.

Snowglobe78

Homeownertobe wrote: »

Nice that you used the money to put a roof over your girlfriend's children's heads rather than over your own.

Just for your information, my girlfriend had her own house that she resided with her children. When I bought the house it was bought in my name and she moved in with me. My partner has been there for me and seen me when I am at my lowest. She has helped me though this horrible ordeal and for that I am truly grateful.
The accident I had at work has given me so many issues and as a result has given me a disability (Hence the DLA/PIP).

My partner has witnessed first hand how callous and vindictive my estranged wife is, resulting in my partner receiving threats from my wife. She could have run so many times but she hasn't, she has stuck by me and helped me through. Trust me, living under MY roof, is the least she deserves after everything she has done for me and she never asks for anything in return.

My wife however, that's a different story. Affairs, threats, false accusations, keeping my children away from me, the list is endless. I have been asking for the last couple of years for her to be amicable and she refuses to be. She uses my children as a pawn in her own selfish little game.

In my eyes, she deserves nothing. My kids? They deserve the world but they also deserve their father!

Snowglobe78

timbo58 wrote: »

Uncalled for IMHO.

He doesn't say he bought the house for them, he bought it for himself and his GF moved in.

I am sure if he had the opportunity of housing his own children (with him) then he would.

It sounds as if his ex is the one who is risking the roof over her own head.

Why does it always have to be the NR parent in the wrong?

OP -these people are very useful in regards to your access:

Thanks for that Timbo. I am already a member of FNF and have been to a few meetings. It was surprisingly shocking to hear that my case is not a unique one and that a lot of women pull the same tricks as my wife.
Unfortunately though, there's not a lot FNF can do but they are a great support and are there to listen.

I already have a solicitor but to be honest she seems kind of useless. Am looking in to changing to another one asap to see if I can get further forward.

19lottie82

Homeownertobe wrote: »

Nice that you used the money to put a roof over your girlfriend's children's heads rather than over your own.

Judgemental, without knowing the full story. Sadly, this attitude is becoming more and more common on MSE.

burlington6

The outcome of all this might not be very pretty and as we all know, the man comes off worse most of the time

fivetide

Snowglobe78 wrote: »

In my eyes, she deserves nothing. My kids? They deserve the world but they also deserve their father!

Very true. As the ex-partner of a complete bomb scare, I hope it works out for you.

kingfisherblue

Snowglobe78 wrote: »

I separated from my wife 2 years ago and we have children together. She still lives in the matrimonial home which is a house that has a mortgage. It's not been the easiest of separations as she has stopped me seeing my children and keeps throwing accusations at me. I keep trying to see my children but she doesn't play fair. I will now take this to court for access.

Whilst we were together I had an industrial accident and started a compensation claim in court.

I have a new partner and am very happy but obviously seeing my children would make me happier.

Recently my compensation was finalised in court and I bought myself a new house, outright, where I now live with my partner and her children.

I have filed for divorce but my ex is saying she will not agree to the divorce until financial matters have been sorted. I have a feeling she knows about my compensation claim.

Out of the compensation claim, the DWP took back what was paid to me for ESA as I couldn't work. They class this as loss of earnings. I have been told my ex would have a right to some of that loss of earnings while we were together but this has been paid back to DWP.

I am now worried that through divorce, she will make some kind of claim on my new house, bought out of my compensation money. Can she? Does she have any legal entitlement my new home?

Can I ask if you are able to work? If not, then it's worth mentioning when you take legal advice, as you would have been unlikely to be able to get another mortgage (having one mortgage already could also have prevented this of course). Can your wife afford the mortgage on her own?


Are there any adaptations to the new house to aid your care or mobility needs? Again worth mentioning I would think.


Finally, I assume that you are paying child support? I know that this is not linked with access to seeing your children, but obviously it is better if you are up-to-date with it.