Girlfriend Wants half of everything

floss2

Oldernotwiser wrote: »

I was talking ethically rather than legally.

I don't think that ethically she has a leg to stand on, bearing this in mind.....

I am writing on behalf of one of my friends who a week before getting married found out his fiancee was having an affair

She obviously didn't care for her fiance very much to treat him that way. Why should he demonstrate any generosity towards her?

January20

matt I think you should advise your friend to go and see a solicitor so that he can be told what he and his fiance are really entitled to according to their situation.

grade15

i think let her have 50%.. cos when a women starts to put her nails into something..
they usually get it..

Oldernotwiser

floss2 wrote: »

I don't think that ethically she has a leg to stand on, bearing this in mind.....

I am writing on behalf of one of my friends who a week before getting married found out his fiancee was having an affair

She obviously didn't care for her fiance very much to treat him that way. Why should he demonstrate any generosity towards her?

Perhaps because he's a better person and doesn't want to come down to her level?

Horace

See a solicitor pronto. As for the girlfriend - does she still live there? If so, bag up all her stuff and leave it outside and change the locks.

She obviously doesnt want to be there so she should just leave and if she wants half the house, perhaps suggest that she buy 'your' half (I know that you are posting on behalf of a mate - so I am figuratively speaking). She seems to be a mercenary so and so getting a solicitor involved when she is the one who has been playing away - maybe she is trying to get as much money as she can.

If she wants the house then let her buy your mate out, if he wants the house then he should just give her 25% of the cost and keep it for himself - only pay for her contribution.

Either way he needs to see a solicitor

Badger_Lady

I was in a similar situation last year, and will simply pass on what I was advised. (100% mortgage, I always paid it - 4 months after buying it, we split up and he moved out. I continued to pay the mortgage alone for another 2 years)

My ex was indeed entitled to half the proceeds, unless he signed that right away. He would automatically get 50% of all the equity at the point of sale.

However, I then would have had a case for litigation against him - basically, I could sue him for half the mortgage payments over the previous years. Of course, the mortgage payments cancelled out the equity because of the interest.

So I explained all of this to my ex, and paid him £250 to sign his rights away. This was in the form of a short hand-written note to my solicitor along the lines of "I confirm that all the proceeds should be paid to Miss Badger".

Sounds like your mate could try a similar route - do some maths and figure out how much:
a) she could ask for from the equity (50% after selling costs)
b) how much she "owes" him in mortgage payments

If the figures work out like mine did, and she's a reasonable/realistic person, she should accept that her actual entitlement is significantly reduced.

floss2

Oldernotwiser wrote: »

Perhaps because he's a better person and doesn't want to come down to her level?

Or perhaps the fact that he has paid approximately £1225 of the £1300 monthly household outgoings - 94% - which includes 100% of the mortgage.

stphnstevey

If he can obviously afford the mortgage, why sell it? Just live in it and pee her off that way!

stef240377

My partner is going through a similar situation, he were married for six years when he found out wife was having an affair with a work collegue, upto then he paid all the mortgage and majority of bills just leaving her the council tax and landline charges. As he didnt leave the house upto the point of filing for divorce the law states he lawfully allowed her to carry on with the affair so can only divorce on grounds of irreconcilable differences. She is liable to get half the value of the home minus the deposit which he can prove he paid if it has to go to court to settle, or if its a leiniant judge she must come up with the cash to pay him off including the deposit amount.

melancholly

i think there are two issues - what someone is finanically entitled to and what someone else judges as the 'morality' of their behaviour. if they start getting tangled up it can only get ugly and will muddy the waters to make a bad situation worse.