How to buy me out ?

angelinamay

sheramber said:

He has a choice. Come to an agreement between you or incur lawyers fees.

You have a choice to come to an agreement ,  accept what he offers you or incur lawyers fees.

The agreement will need to be made via mediation. He absolutely point blank states he can only give me 100,000k, and that really isn't enough and I don't think that's fair.

Emmia

angelinamay said:

sheramber said:

He has a choice. Come to an agreement between you or incur lawyers fees.

You have a choice to come to an agreement ,  accept what he offers you or incur lawyers fees.

The agreement will need to be made via mediation. He absolutely point blank states he can only give me 100,000k, and that really isn't enough and I don't think that's fair.

You should try to make the agreement via mediation, but ultimately a judge might need to decide.

If you divorce properly, all assets go on the table and are divvied out.

BrassicWoman

You have far more to gain from an even split than he does; I wouldn't worry about lawyer fees for you. They will be coming out of a much bigger cut of the pie. He should be concerned about them, not you.

Might be worth having an initial egal consultation
a) to get an idea of the possible outcomes and 
b) so he knows you aren't messing about.

He has made his position clear; best get on and do the same yourself.

thegreenone

If you stayed at home taking care of your children, that should be taken into consideration, whilst HE paid all the bills for the house.

MeteredOut

Emmia said:

angelinamay said:

sheramber said:

He has a choice. Come to an agreement between you or incur lawyers fees.

You have a choice to come to an agreement ,  accept what he offers you or incur lawyers fees.

The agreement will need to be made via mediation. He absolutely point blank states he can only give me 100,000k, and that really isn't enough and I don't think that's fair.

You should try to make the agreement via mediation, but ultimately a judge might need to decide.

If you divorce properly, all assets go on the table and are divvied out.

The couple separated 10 years ago. Would a divorce split assets as they are today, or as they were 10 years ago? Eg, what if the partner had got a high paying job 9 years ago and significantly increased their savings?

Emmia

MeteredOut said:

Emmia said:

angelinamay said:

sheramber said:

He has a choice. Come to an agreement between you or incur lawyers fees.

You have a choice to come to an agreement ,  accept what he offers you or incur lawyers fees.

The agreement will need to be made via mediation. He absolutely point blank states he can only give me 100,000k, and that really isn't enough and I don't think that's fair.

You should try to make the agreement via mediation, but ultimately a judge might need to decide.

If you divorce properly, all assets go on the table and are divvied out.

The couple separated 10 years ago. Would a divorce split assets as they are today, or as they were 10 years ago? Eg, what if the partner had got a high paying job 9 years ago and significantly increased their savings?

That's for the judge and mediation to determine having looked at the assets of both parties.

Annisele

angelinamay said:

 It is jointly, and according to the deeds both are 100% owners (or whatever terminology is used) maintained it for 10 years?

That sounds as though you might have a joint tenancy - and if that's the case, you might want to consider severing it regardless of what you decide about divorce.

With a joint tenancy in England, both parties own the whole of the house. If one dies, then the other becomes the sole owner of the whole of the house. The deceased's will is irrelevant.

The other option is tenants in common. Each party can then own half (or whatever percentage they agree). If one of the owners dies, their half (/other percentage) passes either according to their will or to the rules of intestacy.

Overall if he's offering £100k and you want more than that, you're going to have to either accept his offer or involve lawyers. (It is theoretically possible to do this without lawyers, but generally it's cheaper overall to pay somebody who knows what they're doing.)

_Penny_Dreadful

angelinamay said:

Emmia said:

angelinamay said:

Devongardener said:

You have to take legal advice before agreeing to anything.   Do you mean you split up 10 years ago but haven’t considered divorce?
Is the house owned jointly, with both on the deeds?  If so you should be entitled to 50% of the value, but your husband will probably put forward his case for more having lived in and presumably maintained it for 10 years.

Thank you Devongardener.  Yes, we haven't considered divorce, mainly because neither of us want to give silly amounts of cash to Solicitors really.  It is jointly, and according to the deeds both are 100% owners (or whatever terminology is used) maintained it for 10 years? The carpets are the SAME carpets that was there the day we moved in (2005) the wallpaper in the lounge was hung in 2011. The only difference is, a new front door.  He has maintained the garden. He also cannot move in the garages as they're full of items he's storing for other people!!

If you're amicable and can work out a fair split you can do most of it yourself. It gets expensive with lawyers if one or both of you are adversarial. 

If you're not in the best of health, but still married to him do you have a will which cuts him out, or are you ok with the intestacy rules which would give him as the legal spouse your estate?

Thank you Emmia,  I DO have a will, leaving all to our 2 sons.

From what you describe it sounds as if you own the marital property as joint tenant. This means that when one of you dies the surviving joint tenant will automatically own the property by themselves regardless of what is written in any will. If you want to leave a share of the property to your sons then you need to sever the joint tenancy to own the property with your husband as tenants in common. As your health is failing do this asap. 

As others have said, divorce needn’t be expensive especially considering your sons must be adults now. After 10 years of separation and no sign of reconciliation it’s as good a time to start as any. 

WYSPECIAL

MeteredOut said:

Emmia said:

angelinamay said:

sheramber said:

He has a choice. Come to an agreement between you or incur lawyers fees.

You have a choice to come to an agreement ,  accept what he offers you or incur lawyers fees.

The agreement will need to be made via mediation. He absolutely point blank states he can only give me 100,000k, and that really isn't enough and I don't think that's fair.

You should try to make the agreement via mediation, but ultimately a judge might need to decide.

If you divorce properly, all assets go on the table and are divvied out.

The couple separated 10 years ago. Would a divorce split assets as they are today, or as they were 10 years ago? Eg, what if the partner had got a high paying job 9 years ago and significantly increased their savings?

It would depend upon the full circumstances which we don’t know. The concept of sharing usually end story upon separation but how long were they together? How do they each support themselves now? All we know is there are two houses in the pot.

you can’t just look at the houses in isolation. They need to be considered as part of the total pot.

angelinamay

Thank you WYSPECIAL, married almost 54 years, but I left 10 years ago. Both on state and workplace pensions, his monthly totals £1413.60 and mine is £829.44.  I have a partner, he pays all bills, council tax, food etc.  He cannot re-mortgage, as he couldn't manage the monthly repayments - he plays Golf 5 times weekly and holidays abroad...