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Buying second home before divorce

Hi,
A bit a short story first. I have been married for about 12 years now and my wife owns our house. I am not named on the mortagage but give her £600 + a month for my young one and anything else she wants to use it for. I also pay for the repairs in the house and also buy any new furniture. However, things are brilliant between me and her. We have been sleeping seperate for the last 2 years in seperate rooms and sort of live our own lives.

With this I am thinking of buying my own house as so far she has said to me once that she wants to sell the house and move to USA and when I asked if I am coming she said I need to sort myself out or look for another place.

So the question really is that if I do get a divorce with her what happens to the house I purchase under my name?

I beliveI wont get anything from the house she owns even though I have been fixing it up and also spend the most on groceries and anything else that needs to be purchased.

Any advice on the above will help as I am unable to get a clear answer online.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 26 December 2019 at 8:04PM
    are you legally married to her? What do you think happens when people divorce?
    https://www.gov.uk/divorce

    Can you use google? You have much reading to do, the info you seek is readily available on many website dealing with divorce, here is a random start point
    https://www.compactlaw.co.uk/free-legal-information/relationships-family-law/property.html

    how much money have you got that you can spend yourself? You are going to need a LOT of legal advice given you appear to be starting from no knowledge whatsoever despite having had 12 years to teach yourself
  • If you're married why don't you think you'll be entitled to anything from the house? It's a marital assets just the same as any savings or pensions. 12 years isn't a short marriage so you should be entitled to half the equity even if the house is solely in your wife's name. You might want to consider setting up and alert with the Land Registry in case your wife tries to sell it from under you and/or registering an interest in the property.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ...... the house? It's a marital assets just the same as any savings or pensions. ....


    consider setting up and alert with the Land Registry in case your wife tries to sell it from under you and/or registering an interest in the property.
    https://propertyalert.landregistry.gov.uk/

    When you get divorced, all the assets in the mariage (yours and hers and shared) will be considered and shared out equitably, bearing in mind your respective needs, incomes, and what happens to any child.

    You need to seek legal advice.

    ps - this is not rally a property issue - it is a marital issue.

    https://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=24
  • Yes legally married and got a kid as well. Hence been thinking of getting another house and trying to do my initial research. Thank you for the links :D
  • Larac
    Larac Posts: 955 Forumite
    Part of the Furniture 500 Posts
    I was married for 18 years of which my ex husband contributed around six years to the mortgage. We ended up splitting the property 50/50 as for a period of time he looked after the children FT - I would say don't assume your wife will walk away with the entire proceeds. My ex also did alot of DIY so enhanced the value of the property - would recommend mediation as this will sort out how the property is divided. Would say your wife is it bit knieve if she thinks she walk away with the entire property - dont work like this these days IMHO
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    mrno wrote: »
    Yes legally married and got a kid as well. Hence been thinking of getting another house and trying to do my initial research. Thank you for the links :D
    as I said, lots of websites explain what you need to know in a lot more detail than you will get as answers on here
  • The thing is we can't give accurate helpful advice based on a couple of paragraphs. 99% of us have no legal experience, just personal experience and we certainly don't know what your wife wants now. One quote from one conversation with your wife doesn't mean she still wants to go to the US.

    As already suggested, you need to do some research to find a starting point, then move to talking with your wife with at some point, solicitor involvement. It will save you many many thousands in fees if you are able to compromise and have done some talking before engaging a solicitor.

    While your wife is 'earning' more than you in benefits and salary, she will also be bearing the costs of looking after your child, which will create a big hole in what she has as income. The partner who wants out to live their own life (which they have every right to do of course) rarely seems to quite get this. I know my ex seems to think our son lives on air and because I receive benefits he need pay nothing towards upkeep.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    mrno wrote: »
    A bit a short story first. I have been married for about 12 years now and my wife owns our house. I am not named on the mortagage but give her £600 + a month for my young one and anything else she wants to use it for. I also pay for the repairs in the house and also buy any new furniture. However, things are brilliant between me and her. We have been sleeping seperate for the last 2 years in seperate rooms and sort of live our own lives.
    I assume there's a "not" in that penultimate sentence.
    With this I am thinking of buying my own house as so far she has said to me once that she wants to sell the house and move to USA
    Has anybody even considered visas...?
    So the question really is that if I do get a divorce with her what happens to the house I purchase under my name?
    Very simple answer: Every asset of the marriage is an asset of the marriage. The divorce financial settlement will consider it all. The property, the money you've got saved up to buy a new property, etc etc.

    And there's a lot of things to consider as to who will receive what in that settlement...
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