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Property Dispute after Separation

2

Comments

  • Well how much does he want? You both paid towards the renovation costs, how much has the value risen over this time. From the tone of your postings this sounds like it wont be an amicable split, but with no dependants involved, his case is very dodgy. The "common law" spouse claim is a myth, so you dont have to consider arguing that you weren't co-habiting (as you clearly were). When you're head over heels, you dont like to think of pre-nuptials or the equivalent, but he really should have. Anything you offer is a goodwill gesture, so 12K sounds very generous
  • GDB2222
    GDB2222 Posts: 26,563 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    socks_uk wrote:
    I already had my house, fully paid up with no mortgage, when I first met my husband. He regularly pays me £300 a month towards bills but doesn't give me anything towards any maintenence or improvements to the house.

    In the 3 years we've been married I've saved up and paid for a new bathroom, a new ceramic floor in the kitchen and I built the decking area and patio area in the our garden with no help, financially or physically.

    Our marriage is great right now but I don't have a crystal ball. If ever we split I wouldn't want to give him half of the house as he hasn't contributed to the house itself, only the day-to-day bills side of things.

    Jill

    I think you will find that the divorce courts now start from the point of view of a 50/50 split, then adjust that to take into account the points you are making. (See House of Lords decision in White v White.) Chances are that you will lose getting on for half the equity in the house.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • I am looking at buying a house with my partner and in my mind the answer is clear. I will be stumping up the majority of the deposit - a hefty sum required to buy these days! We will aim to split payments 50/50 but I earn considerably more so I will prob contribute more (if she allows me too - bah modern women!) .

    Should things go wrong, Id hope that the idea of anything other than a 50/50 split of capital gains wont enter my mind. We will be buying a house to live together in - not as an investment.

    Life is too short to quibble over money. Ask him how much he wants and give it to him (assuming its <50%!) he prob will recognise the difference in contribution anyway and not ask for all that.

    Should I ever find myself in your position id be more upset that the relationship is over than the loss of material wealth, the former certainly means more to me...
  • jezza1O1 wrote:
    I am looking at buying a house with my partner and in my mind the answer is clear. I will be stumping up the majority of the deposit - a hefty sum required to buy these days! We will aim to split payments 50/50 but I earn considerably more so I will prob contribute more (if she allows me too - bah modern women!) .

    Should things go wrong, Id hope that the idea of anything other than a 50/50 split of capital gains wont enter my mind. We will be buying a house to live together in - not as an investment.

    Life is too short to quibble over money. Ask him how much he wants and give it to him (assuming its <50%!) he prob will recognise the difference in contribution anyway and not ask for all that.

    Should I ever find myself in your position id be more upset that the relationship is over than the loss of material wealth, the former certainly means more to me...

    A noble view, but unfortunately, when relationships turn nasty, nobility goes out the window. As I said before, when everything in the garden is rosy, so are your tinted-spectacles, but as others have found out to their cost, you do need to plan for possible eventualities. Same way you would need to consider what happens if you die without a will, they'd have no legal claim then either.
  • deemy2004
    deemy2004 Posts: 6,201 Forumite
    If he has paid £360 per month then thats £180 each per month over the period - How long ? say 5 years then £10,800

    Add say £6k for the renovation work and that would be a fair amount about £17k... If hes not accepting it, tell him its that or nothing as your solicitor has advised you not to give him anything. Get him to sign an agreement that he won't make any further claims against you i.e. your solicitor to draw it up. If he says nothing then let him go to court as he will probably get a similar amount from the court less costs, which is probably what a solicitor would advise him of.
  • rrwfotr
    rrwfotr Posts: 573 Forumite
    socks_uk wrote:
    I already had my house, fully paid up with no mortgage, when I first met my husband. He regularly pays me £300 a month towards bills but doesn't give me anything towards any maintenence or improvements to the house.

    In the 3 years we've been married I've saved up and paid for a new bathroom, a new ceramic floor in the kitchen and I built the decking area and patio area in the our garden with no help, financially or physically.

    Our marriage is great right now but I don't have a crystal ball. If ever we split I wouldn't want to give him half of the house as he hasn't contributed to the house itself, only the day-to-day bills side of things.

    Jill

    Hi I think on the legal side of things if you ever did go your separate ways he would be entitled to half of everything as you are married unless you had a pre nuptial agreement in place before you got married.
  • It's just happened to friend the other way.

    He bought some land , built a luxury bungalow and helped at home!

    She put no money into this property and came into the relationship with no money. Didn't go out to work etc. She moans she did have to live in a mobile home whilst the bungalow was built :rolleyes:

    She's now found another chap, as there's no mortgage, she wants £175,000; being half of the bungalows worth. :eek:

    Not bad for a two year relationship :mad:

    I told him " next time use a hooker; it would be cheaper " ;)

    This truly is a friend; NOT ME !
    You don't stop laughing because you grow old, You grow old because you stop laughing
    " Large print giveth - small print taketh away. "
  • Scary thought, was your friend married, though?

    --
    He is asking for a figure between 30 and 40K, about 30%.

    I just can't understand why he's got the cheek to ask for that much money in the first place?

    Has anyone else been in a similar position?
  • paperjam wrote:
    Scary thought, was your friend married, though?

    Yes - he was married and still is !

    Is that the "Scary thought" or the 'hooker' ;)

    I split many years ago from a relationship and gave them much more money than they actually deserved and suggested by sols. I've never regretted it and I've never had any guilty trips of 'did I do right'.

    At the end of the day it is only yourself that you've got to live with; be :cool:
    You don't stop laughing because you grow old, You grow old because you stop laughing
    " Large print giveth - small print taketh away. "
  • scary thought having to part with 50% :eek:

    you've mentioned your own relationship, were you married at the time?

    And you even had solicitors involved, did your own sols recommend you give away something?
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