property division

spliced

im looking for some advice regarding our family home. Me and my husband are still married ( 12 years) but seperated for the last 6 years.

He is not originally from the uk but is now has his uk citizenship. we bought our house in 2004 and took out a mortgage in both names. we both paid thr mortgage but when we seperated, I couldn't afford it so moved out and rented. he got 2 people to move with him back yo our house and they paid the mortgage.

I now live overseas with our children.
The house is now on the market and he plans to move over to be with us. Hes never wanted a divorce despite having a girlfriend for the last 3 years and I could never afford it.

im unsure still if I want to give our relationship another go or not but hes told me that im not entitled to any of the equity of the family home because ive not paid anything for the last 5 years ish.

is this true? does anyone know?.what about selling thr house, surely he needs my signature? I wanted to sell the house years ago but he never agreed and I didn't need any extra stress at the time so let him get on with it.

Thank you

Pixie5740

He is talking rubbish. You are married so you are entitled to at least some of the equity in the property. It doesn't matter that you were not living in the property or contributing towards the mortgage for the past 5 years.

If your husband has had more than 1 lodger living in the property at the same time then there might be Capital Gains Tax due when the property is sold.

spliced

Thank you for your quick response. I did think I must be due something and maybe its his way of me giving the relationship another go because id neef to rely on him financially

Mojisola

spliced wrote: »

maybe its his way of me giving the relationship another go because id neef to rely on him financially

Why would you want to give the marriage another chance with a man who is trying to scam you out of a lot of money?

Guest101

Well he cant sell without your agreement, so just notify him of what you expect to get.


Be realistic though as he does have a point about the lack of payments, so 50% isn't very likely.


Interesting you both (kind of) want to give it another go.

spliced

Thanks to both for your replies.

I think its his way of trying to win me back cos with him, we've got financial security for life but without him I have nowt.

its very complicated because we have assets and property overseas too.

im very confused :-(

Mojisola

spliced wrote: »

we both paid thr mortgage but when we seperated, I couldn't afford it so moved out and rented. he got 2 people to move with him back yo our house and they paid the mortgage.

You were an owner of the house when the lodgers were there. What they paid was half yours so you were contributing towards the mortgage.

Guest101

Mojisola wrote: »

You were an owner of the house when the lodgers were there. What they paid was half yours so you were contributing towards the mortgage.

Not necessarily.


Whilst you may well be correct (and certainly would be if these had been tenants) I'm not sure the same rules apply to lodgers.


The tax implications were after all the Ex's. The bills etc were all in the Ex's name and his responsibility, same with Council Tax and other household expenses.


I wouldn't bank on this being 100% one way or the other.

Pixie5740

spliced wrote: »

I think its his way of trying to win me back cos with him, we've got financial security for life but without him I have nowt.

its very complicated because we have assets and property overseas too.

You won't have nothing without him. You have properties and other assets that would be split if you get divorced regardless of what he might think. You also appear to be the resident parent so you should be entitled to child maintenance if you divorce plus you might be entitled to some benefits too.

I think it would be worth going to see a solicitor to get the lie of the land before deciding anything. Financial security alone is not enough of a reason to stay in a marriage and if you went it alone you might be better off than you think. I'm not saying you have to divorce him, just do some fact finding rather than letting him try to hoodwink you.

If you do think your marriage might be salvageable then relationship counselling before giving it another go could help you decide if it really is worth giving it another shot.

Guest101

Pixie5740 wrote: »

You won't have nothing without him. You have properties and other assets that would be split if you get divorced regardless of what he might think. You also appear to be the resident parent so you should be entitled to child maintenance if you divorce plus you might be entitled to some benefits too.

I think it would be worth going to see a solicitor to get the lie of the land before deciding anything. Financial security alone is not enough of a reason to stay in a marriage and if you went it alone you might be better off than you think. I'm not saying you have to divorce him, just do some fact finding rather than letting him try to hoodwink you.

If you do think your marriage might be salvageable then relationship counselling before giving it another go could help you decide if it really is worth giving it another shot.

OP check what the local rules are re child support etc. (whilst almost all countries have laws on this, they vary drastically.)


For example in Russia the rates is vastly higher than the UK: 25% net for 1 child, upto 50% net for 3 or more. (which is roughly double what the UK rate is)

spliced

ive seen a solicitor here and I know how much maintenance he has to provide for the kids but our properties overseas are unfinished and I can't afford to finish them on just maintenance payments.

Thank you for all your advice. my other issue is that I havnt found a uk solicitor yet who will allow me to email them for a first meeting plus I havnt got money to instruct a uk solicitor