Marriage and Houses

skyela

Hello,

It looks like my marriage may be over and I was looking for some advice.

We have been together 10 years and married for 2 next month.

In 2011 I purchased a house for 120k and put down a deposit of 37k - this was out of my own savings and he did not contribute to this.

In 2014 we sold the house and purchased a new house for 173k. The mortgage stands at roughly 80k.

We also owe 8k in debt, both of ours.

Does anyone know what he would be entitled to if we split? Is it 50/50 as we are married, or would the fact that I put in a 31% deposit at the start mean anything?

Thanks for any help.

Guest101

skyela wrote: »

Hello,

It looks like my marriage may be over and I was looking for some advice.

We have been together 10 years and married for 2 next month.

In 2011 I purchased a house for 120k and put down a deposit of 37k - this was out of my own savings and he did not contribute to this.

In 2014 we sold the house and purchased a new house for 173k. The mortgage stands at roughly 80k.

We also owe 8k in debt, both of ours.

Does anyone know what he would be entitled to if we split? Is it 50/50 as we are married, or would the fact that I put in a 31% deposit at the start mean anything?

Thanks for any help.

Any kids?

50/50 would be the starting point after 10 years.

I wouldn't bank on anything more than that tbh.

Edit: Is he on the mortgage for the 2014 purchase?

skyela

Thanks for your reply.

No, no kids.

I purchased the house in 2011 with my deposit and the mortgage was in my name.

When we moved in 2014 both names was added to the mortgage at that point, as we had got married the year before and didn't see any issues..

Guest101 wrote: »

Any kids?

50/50 would be the starting point after 10 years.

I wouldn't bank on anything more than that tbh.

Edit: Is he on the mortgage for the 2014 purchase?

LilElvis

Guest101 wrote: »

Any kids?

50/50 would be the starting point after 10 years.

I wouldn't bank on anything more than that tbh.

Edit: Is he on the mortgage for the 2014 purchase?

It is entirely possible that the OP can realise a more favourable division to reflect her larger contribution to the property - my husband achieved this in his divorce from his first wife after 8 years of marriage and a longer relationship.

OP - has your husband indicated that he expects to split everything 50/50, or are you just worried that he might ask for it?

Trek_girl

If I understand correctly you have only been married for two years.

Guest101

skyela wrote: »

Thanks for your reply.

No, no kids. - Perfect (for this situation at least)

I purchased the house in 2011 with my deposit and the mortgage was in my name. - Slightly confused, you purchase A house in 2011, not THE house that is in dispute now, correct? Did he pay anything to you between 2011 & 2014 - in particular anything which could be considered rent?

When we moved in 2014 both names was added to the mortgage at that point, as we had got married the year before and didn't see any issues..

Not being pedantic, but when you moved in 2014 you didnt add his name to a mortgage (which is almost impossible to do), you got a new mortgage. When you did that, it is likely you bought as joint tenants? (being married it's highly likely to be so).

At this point, it seems you accepted that the money was joint. Otherwise you might've had a declaration of trust drawn up.

jackieblack

Short marriage with no children - my understanding is that the court judgment would reflect the position each party was in before the marriage

skyela

LilElvis wrote: »

It is entirely possible that the OP can realise a more favourable division to reflect her larger contribution to the property - my husband achieved this in his divorce from his first wife after 8 years of marriage and a longer relationship.

OP - has your husband indicated that he expects to split everything 50/50, or are you just worried that he might ask for it?

Thanks..

I guess I'm just a little annoyed at giving him half of the house (Which would mean I have to sell) as I did put in a big contribution myself to start off with as he didn't want to save up for a deposit at the time, and I wanted us to move out of our previous rented house. This was savings I had started about 2 years previous to meeting him..

I think he thinks we will split everything 50/50. I am currently on good terms with him, but it is very early days. I just wanted to know what was correct really.

skyela

Guest101 wrote: »

Not being pedantic, but when you moved in 2014 you didnt add his name to a mortgage (which is almost impossible to do), you got a new mortgage. When you did that, it is likely you bought as joint tenants? (being married it's highly likely to be so).

At this point, it seems you accepted that the money was joint. Otherwise you might've had a declaration of trust drawn up.

Thanks for your help.

Yes, sorry the house we purchased in 2011 was our last house.

You are right, we had to get a mortgage for this house for the same amount.

We didn't have a declaration of trust drawn up stupidly as I never imagined things would end up like this, I guess you can only look back now.

skyela

jackieblack wrote: »

Short marriage with no children - my understanding is that the court judgment would reflect the position each party was in before the marriage

Thanks for your reply.

Mojisola

skyela wrote: »

We have been together 10 years and married for 2 next month.

jackieblack wrote: »

Short marriage with no children - my understanding is that the court judgment would reflect the position each party was in before the marriage

The previous eight years would be taken into account if they had been living as a couple.