divorce - protecting my home?

dboswell

Can any one help?

I am going through a divorce. I have been married 2 years and things just didnt work out. That was about a year ago when we separated.

I was left a property by my parents which my wife moved into on marriage. She was previously with her parents. There is no mortgage on the property and I have been paying all the bills. She hasnt been employed in the time we were married and was a student.

Neither of us have kids and there are no other dependents.

She has written to me insisting half the house is hers and that she will pursue it.

I am worried. Can she take half the house?

Is there anything I can do? Can I place the house in a trust or anything else to prevent this? How can I protect my house?

Rikki

I don't know the exact answer and I feel for you.

My thinking would be: you were only married and living together in the house for such a short time and she made no financial contribution to the bills etc it is very unlikely she would be entitled to half of the house, but possibly something.

I would either contact the C.A.B or seek legal advice to put your mind at rest and her straight.

HGLTsuperstar

Gut reaction = the house is in your name and you were responsible for the bills, maintainance etc, then its yours. However you really need to get a good divorce lawyer onto this ASAP, as I'm sure your wife will be doing the same. Her argument could be that she only took on student studies and debt because you supported her, so she may claim that you need to continue doing this until she graduates and is financially secure in her own right. Please note this are just my ramblings, get to the soilcitors ASAP

David_Michael

My gut instinct would say you owe her half the house - good luck.

Bossyboots

She is definitely not entitled the half the house. I have posted on these boards numerous times that this is a myth. 50/50 is a presumptive starting point and figures are calculated up and down according to (not an exhaustive list), length of marriage, level of financial input into the property, contribution to household during marriage (being a stay at home parent is considered the same as being a working spouse), reason for the breakdown (if it is reasonable to assume that the marriage could have been an attempt to gain financially rather than for love) the ability of each party to obtain alternative accommodation.

Each situation then has to be judged on its own merits. For example, it would be considered easier for the wife to find somewhere else to live after only being married two years than after twenty years.

The issue of her being a student will be relevant. Was she a student before you married? If so, it will be argued that you knew she would not be able to contribute financially in the early years. Did she become a student to avoid having to work and make a contribution to the home. Did she marry so that she would have someone to support her while a student.

The answers to these will affect the outcome. Based solely on what has been put here, I would say that she would achieve 1/3 to 1/2 of the PROFIT accrued in the house since the date of the marriage. I really dont see that she has a claim against the rest of the property.

You should take some proper advice on this but be warned. It could cost you a lot to fight it out. Consider what you think would be a reasonable amount for her to have before you seek advice. Although it really sticks in the throat, you may have to concede some money rather than battle it out and end up paying more in legal fees than she was asking for that you did not agree with.

You do have good reasons to fight though and she is being greedy.

Before seeing a solicitor, you could put forward a counter offer to her but I would recommend taking advice first as, armed with all the details, a solicitor may well say that in fact she is not entitled to anything. Once you have made an offer she will always have the argument that by making an offer you accepted that she due something and you will not be able to go back on that.

carol_a_3

My sister's boyfriend was married for a short time, only a couple of years. They lived in "his" house and when they divorced he just had to give her a few thousand pounds as she had contributed to some bills while she lived there.

HGLTsuperstar

See the solicitor and make any offer official, do not enter into negotiations on your own, as things get twisted very easliy.

rozeepozee

I keep trying to read rather than respond to these messages, but I just can't help it... There is no definitive answer to this but I believe Carol A is nearest the mark here. Where the marriage is very short and there are no children, the courts will usually take the view that the parties should get back what they put in. I am assuming that the house is in your sole name. Get yourself a good lawyer )(not all lawyers are equal!) who has lots of experience of dealing with ancillary relief cases (the technical term for financial matters in divorce cases) and find out where you stand. Hopefully if you get a good lawyer who knows their stuff and has a reputation in the local area when your lawyer writes to your wifes lawyer, they will know they can't mess you around and should be more likely to come to a reasonable settlement. Unfortunately, the more you argue through lawyers, the more it will cost so the sooner you reach a settlement, the cheaper it will be. Good luck.