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Can my husband take half the value of my house?

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Can my husband take half the value of my house?

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tadsa291tadsa291 Forumite
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My husband and I were together for 25 years but only married for 3.  I was fortunate enough to win £200K eight years ago and we went from rented accommodation to the house I am in now with a mortgage on it of £76K.  He has recently left me for another woman - the house is in my name only.  Given that I bought it with money that I won before we were married, is he still entitled to half of the house?  I have a 17 year old son so clearly this issue will be arising in a year.  I have consistently earned much more than him but I so desperately didn't want our marriage to end and it galls me that I might have to be worse off now.  Particularly as we only really got married so that I could show support for him after he underwent a colonectomy - I thought I was showing solidarity but now I stand to lose a lot potentially.

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  • edited 31 May at 9:08PM
    pphillipspphillips Forumite
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    edited 31 May at 9:08PM
    50/50 is the starting point for all of the matrimonial assets including pensions but this can be adjusted on the basis of the factors listed in section 25(2) of the Matrimonial Causes Act 1973. 

  • AnotherJoeAnotherJoe Forumite
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    Go and see a solicitor
  • bouicca21bouicca21 Forumite
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    You will be treated as though you were married for 25 years, so yes, all assets go into the pot.
  • edited 1 June at 9:30AM
    elsienelsien Forumite
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    edited 1 June at 9:30AM
    Was there any sort of deed of trust drawn up at the point at which you bought the house? 
    If you're a higher earner there's potentially also pensions and any other assets to go into the mix. You need proper legal advice. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • pphillipspphillips Forumite
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    elsien said:
    Was there any sort of deed of trust drawn up at the point at which you bought the house? 
    A declaration of trust is only used for joint owners, are you asking about a prenuptial agreement?
  • pphillipspphillips Forumite
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    bouicca21 said:
    You will be treated as though you were married for 25 years.
    The legislation says that the length of the marriage can be taken into account.
  • TripleHTripleH Forumite
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    If you sell the house, the starting point is what a house sells for. They could say the house is valued at £365,000 but when it sells on the open market, you only get £290,000 so that is the starting point.
    Value comes into play if you don't intend to sell.
    Wherever you go, whatever you do Richard Marx is right there waiting for you.

    Sweet dreams!
  • cassie13cassie13 Forumite
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    I am 66 in October and can finally access state pension. I presently have a private pension.In I996 my husband left  for another woman with no further support or contact, not even for his children . Before disappearing, he signed our newly remortgaged home over to me by solicitor. I never divorced and wanted to know if I would gain or loose in state pension entitlement by divorcing now or should I continue to remain seperated?
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