Advice regarding home after separation

Sunshine66

Hi all, I am in the process of separation from my husband. We have no children but would like Some advice if possible on my home.
I purchased the home before we married and lived in the property for 5 years before he moved in. His name has never been on the mortgage or title deeds. He has not contributed to the mortgage only a small amount is transferred to cover electricity top up, council tax top up and the tv package this was Mainly due to his working situation bit it has never increased. All bills come out of my sole account his name appears on notjingnother than council tax. We have been married less than 5 years living together for about 8.
Does he have any claim or entitlement to by home? Any advice would be welcomed :j

PeacefulWaters

Yes, he has a claim.

Fosterdog

Yes he does the house is a marital asset and the base point would be a 50/50 split of everything. You can either mutually agree to a different ratio or let a judge decide what is fair if you can't agree between you.

TBagpuss

Yes, he has a claim. The house is a matrimonial asset.
You and he can agree whatever you want by way of a financial settlement, and if you do agree, that agreement can be put into a consent order and made legally binding and enforceable.

If you an't agree, then a Judge will ultimately make a decision as to what is fair and reasonable in all the circumstances. They would take into account the length of the relationship (here 8 years, not just 5), what your respective needs and financial resources are, your incomes and earning capacities and so on. Contributions are generally fairly low on the list, but can be relevant.

It may be sensible for you and your husband to look at the practicalities. How much more could you borrow? Does he have any mortgage capacity to be able to buy anywhere, or is he likely to heave to rent? If renting, how much would allow him to pay a deposit and first months rent (assuming he can pass credit checks) or deposit + 6 months rent if he can't.

The starting point is that he would potentially be entitled to around 50% of the available assets but it may be that he would get less, if a court is willing to accept that in your marriage, you did kep your finaes largely separate.

Why didn't he go onto the mortgage? there is a difference between having made a joint decision not to add him because you both saw it as 'your' house, and having simply not got around to it because you haven't remortgaged since you got married, or didn't do it because he had poor credit.

jamiehelsinki

Pensions, houses, savings etc will also be included.

I know how you feel, I lost a large share of my house to my ex despite owning it before we met and paying the mortgage myself.

Jamie

Chappers27

If I were you, and this is your decision, then if you're the only mortgagee then I'd do a sneaky remortgage now before he gets his hands on the equity. This isnt professional advice. My wife had a number of debts and we both agreed to remortgage. Then we divorced!

Plus try to be as nice to your other half as possible. Dont get sucked in into petty squabbles. I asked my solicitor to quote for a divorce. He said if everything goes smoothly, around £1,000. It cost me £12,000. Try to agree things with your ex, and get it recorded if at all possible.

jamiehelsinki

Re mortgage wouldn't do much good unless she can find a good way of losing the money as it's not just the house to split of course any old loans or house deposits to parents might be paid back at this time.

indiepanda

Jamiehelsinki wrote: »

Pensions, houses, savings etc will also be included.

I know how you feel, I lost a large share of my house to my ex despite owning it before we met and paying the mortgage myself.

Jamie

The divorce rules really seem to be designed to put people off marriage. I can understand sharing the value of a home if there are kids involved or if one party has clearly had to put their career aside to support the other but I would seriously resent someone getting their hands on my assets if we'd just been married a few years and it didn't work out, no kids involved and no career sacrifices on either side. I don't think, bearing in mind I am not religious nor young enough for kids to be a possibility, I would be inclined to marry now, not worth the risk.

enthusiasticsaver

Is it an amicable divorce? Is he wanting to claim? I understand if he has contributed very little to either the purchase or upkeep of it I see little reason why he should claim on it but a judge may see it differently. I would do a financial settlement asap as the longer the marriage lasts, even if you don't live together the better case he has for getting some of the house. Mad I know. A mutual decision would be best and if he is fair he should walk away without it as he has not really contributed.

jackieblack

indiepanda wrote: »

The divorce rules really seem to be designed to put people off marriage. I can understand sharing the value of a home if there are kids involved or if one party has clearly had to put their career aside to support the other but I would seriously resent someone getting their hands on my assets if we'd just been married a few years and it didn't work out, no kids involved and no career sacrifices on either side. I don't think, bearing in mind I am not religious nor young enough for kids to be a possibility, I would be inclined to marry now, not worth the risk.

For a short marriage with no children the courts generally seek to put each party back in the relative financial position they were in prior to the marriage.

Mojisola

Sunshine66 wrote: »

We have been married less than 5 years living together for about 8.

jackieblack wrote: »

For a short marriage with no children the courts generally seek to put each party back in the relative financial position they were in prior to the marriage.

The time they were living together would be counted so this is an 8 year relationship.