Divorce & Right to Buy

MightyMousesMum

Hello! Help/advice appreciated....

12 years ago, the council offered me a £30K discount so that I could buy my council house. The rent was in my sole name, but I bought the house jointly with my then boyfriend (now husband).

Fast forward 12 years, he has moved out and we are now filing for divorce. He now wants to sell the house and split the proceeds 50/50. IF we were to sell the house, I have suggested that the £30K discount be deducted from any equity before he gets a share of the equity -- ie. If we sold for £100,000 - deduct remaining joint mortgage of £50,000 - leaves £50K equity. Then deduct the £30K discount that I earned by being a council tenant, then split the remaining £20K 50/50 so he gets £10K.

We have a school age son, I would much rather stay in the house and transfer it into my name to be honest, but he wants his lb of flesh before he agrees to do that. How do I stand legally on the division of equity? I can't afford to give him a straight 50/50 to buy him out and that discount was down to me being a council tenant not him, so why should he benefit from it now...

Thanks in advance

Comms69

MightyMousesMum wrote: »

Hello! Help/advice appreciated....

12 years ago, the council offered me a £30K discount so that I could buy my council house. The rent was in my sole name, but I bought the house jointly with my then boyfriend (now husband).

Fast forward 12 years, he has moved out and we are now filing for divorce. He now wants to sell the house and split the proceeds 50/50. IF we were to sell the house, I have suggested that the £30K discount be deducted from any equity before he gets a share of the equity -- ie. If we sold for £100,000 - deduct remaining joint mortgage of £50,000 - leaves £50K equity. Then deduct the £30K discount that I earned by being a council tenant, then split the remaining £20K 50/50 so he gets £10K.

We have a school age son, I would much rather stay in the house and transfer it into my name to be honest, but he wants his lb of flesh before he agrees to do that. How do I stand legally on the division of equity? I can't afford to give him a straight 50/50 to buy him out and that discount was down to me being a council tenant not him, so why should he benefit from it now...

Thanks in advance

Thankfully a judge would laugh at that idea.


If you want to keep the house, buy your husband out (yes at 50%)


You bought together, presumably because you couldn't afford to buy on your own. You've been married 12 years, or there abouts, he's perfectly entitled to half.

TrickyDicky101

The needs of any children from the marriage will be considered first and foremost so there is no certainty you will be forced to sell especially while the child is in full-time education.

I agree that on the face of it (before any other considerations) it is fair your ex would get 50:50 though. You were married for 12 years.

MightyMousesMum

We have been married for 5 years - when I was offered the RTB discount, I was buying in my own name, but he wanted to be on the title as he wanted to move in with me, and I agreed. Now I can't afford to buy anywhere else if he gets 50% of all of the equity as he is getting the £30K discount that I earned.

Comms69

MightyMousesMum wrote: »

We have been married for 5 years - when I was offered the RTB discount, I was buying in my own name, but he wanted to be on the title as he wanted to move in with me, and I agreed. Now I can't afford to buy anywhere else if he gets 50% of all of the equity as he is getting the £30K discount that I earned.

But neither can he? What makes your needs more important?


If you didn't want to share everything with him, you shouldn't have got married! That's the deal. On top of which he has presumably paid for the property over the last 12 years.


Frankly you keep saying the discount you earned - you didn't earn it. It's a really controversial topic anyway, but more so if you keep claiming it's something you worked really hard to get.


If the situation was reversed and you were selling at a loss, you had negative equity. Would you be saying: It's ok, you pay the bank £10k and i'll pay them £40k? No you wouldn't.

MightyMousesMum

Yes he can afford it - he earns a lot more than me. A lot more, and doesn't pay towards the upkeep of our son.

And OK, you don't like the word "earned", let's change it to "entitled". I was entitled to the discount as I had been a tenant for 20 years. He was not entitled to the discount as he had been living with his mum. I don't make the rules up - the council offered me £30K discount, I would be an idiot not to take it. View that with controversy if you will, I didn't work hard to get it, but I got it as I was entitled to it.

My needs are greater because I am bringing up our son. He isn't.

I didn't come here to be berated for being a social housing stealing scrounger, hell bent on draining my ex dry.

I came on here for help because I hoped that there would be a way I could afford to keep my home for myself and our son and the only way I could see how was if I get to keep the equity which equates to the discount I was entitled to. If that is not the case, thanks, duly noted.

SuperPikachu

Why does he not contribute to the sons upkeep?

Comms69

MightyMousesMum wrote: »

Yes he can afford it - he earns a lot more than me. A lot more, and doesn't pay towards the upkeep of our son. - Well then you need to use the CMS and get child support payments.

And OK, you don't like the word "earned", let's change it to "entitled". I was entitled to the discount as I had been a tenant for 20 years. He was not entitled to the discount as he had been living with his mum. I don't make the rules up - the council offered me £30K discount, I would be an idiot not to take it. View that with controversy if you will, I didn't work hard to get it, but I got it as I was entitled to it. - Yes and then you CHOSE to buy with him, and then subsequently CHOSE to get married. Why do you think you're entitled to ignore 12 years of marriage? I'm sure if he earns 'A lot more' than you, there could be an argument he's contributed a lot more to the house than you have.

My needs are greater because I am bringing up our son. He isn't. - Well your sons needs are greater. And those needs DO NOT mean that a home must be owned.

I didn't come here to be berated for being a social housing stealing scrounger, hell bent on draining my ex dry. - I didn't call you that. I couldn't care less what you do. I'm saying that marriage is an equal partnership, you're married, you don't get to forget about it to suit yourself.

I came on here for help because I hoped that there would be a way I could afford to keep my home for myself and our son and the only way I could see how was if I get to keep the equity which equates to the discount I was entitled to. If that is not the case, thanks, duly noted.

You can keep the home by buying him out. If you aren't able to do that than unfortunately you may have to sell (though it may be down the line, not immediately).

Jojo_the_Tightfisted

You will need to check whether any of the discount has to be repaid - I don't know the rules particularly well, but if a property is sold within a certain time period, the council has the right to get at least some of that discount back.

Tigsteroonie

If the discount were given last year, you might have grounds for asking it to be considered entirely yours. However, you've been happily sharing a home, finances, a marriage and a child with this person for twelve years - that's a long time, too long to start looking at "who brought what" into the relationship.

Gavin83

Why isn't your husband paying you child support? I know you've used the word 'our' but I'll check anyway, I assume he's the legal father? How old is the child?

A judge may well decide you are entitled to stay in the house until your child is older but at some point it's likely it'll have to be sold. Your husband is entitled to his share after all and the discount won't be considered.

I'm also assuming you'll be able to afford the mortgage payments on your own?