Advice on ex husbands entitlement please

lisao76 · 16 December 2018 at 11:57AM

Any advice please....
I am going through a difficult divorce have the decree nisi but now I’m limbo as he won’t agree finances. I live in our jointly owned house with the two children and he moved in with his mum, I pay all bills, mortgage and upkeep of children. I have offered 60% of house equity but he has refused so looking like a court battle. My real question is if I make home improvements and the house value increases is he entitled to half of this too? I don’t want to do any work if it means me paying him out more.

SandraX · 16 December 2018 at 12:00PM

Improvements, when?

Who paid for the house, was it his money only, or gifted to him by family/relatives?

What did you contribute toward the purchase of the house?

Did you pay towards the house ie bills/mortgages/upkeep and if so for how long?

Why did he move out?

These are all relevant question so please address those and I will try to help.

Thanks

elsien · 16 December 2018 at 12:04PM

It's not just about the house it's about other assets as well - any savings or pension that should also be on the table?
Is he not paying any maintenance at all?
How long were you married for?
(I know it's not what yiu asked but the full picture is important.)
Would the work you are considering have any impact on the value of the house? Sometimes the amount you spend makes very little difference to the house value so it probably depends on what improvements you are planning.
I think in your situation I'd hold fire till there was a little more certainty.

Cheeky_Monkey · 16 December 2018 at 12:06PM

I'm surprised that you got a decree nisi without a financial agreement already in place, especially as children are involved.

Mojisola · 16 December 2018 at 12:08PM

lisao76 wrote: »

I am going through a difficult divorce have the decree nisi but now I’m limbo as he won’t agree finances. I live in our jointly owned house with the two children and he moved in with his mum, I pay all bills, mortgage and upkeep of children.

I have offered 60% of house equity but he has refused.

If you are the main carer for the children, why are you offering 60% of the house to him? Usually the parent with care ends up with a larger amount than the non-resident parent.

Is it to balance out other common assets?

Why isn't he paying child maintenance?

lisao76 · 16 December 2018 at 12:26PM

In reply...
We originally bought the house together, jointly paid for it etc.
He had an accident at work after a few years and I have paid all bills etc ever since. He is currently on ESA support and PIP (though I do think his back isn’t as bad as he makes out as he has never liked working). He stayed home with the children all their lives and I worked full time. I left due to his controlling and emotional abuse and I offered 60% to cover my pension and I was trying to be fair and just get rid of him. He doesn’t pay towards children as he is on benefits and to be honest I haven’t asked anything from him. He isn’t interested in custody or set arrangements, his form E for solicitor states the kids go around as and when they want to. This is usually once a week and they definitely don’t want to live with him.
I would like to install a new boiler as mine is on last legs and decorate as I want a fresh start.

lisao76 · 16 December 2018 at 12:29PM

We were married for 15 years.

lisao76 · 16 December 2018 at 12:31PM

He moved out as he couldn’t bear living with me. And we were arguing.

Mojisola · 16 December 2018 at 12:32PM

lisao76 wrote: »

I would like to install a new boiler as mine is on last legs and decorate as I want a fresh start.

Doing these things won't make much of a difference to the value of the property - better to get on with your life and make your home comfortable than worry about losing an extra thousand or so to your ex.

elsien · 16 December 2018 at 12:37PM

If he's the controlling type then potentially he's less interested in an equitable settlement than in making things awkward.
A new boiler is a couple of grand and decorating may get more people through the door if you were selling but isn't going to have a huge impact on value. Depends on what the house is worth now but those plans probably aren't going to have a huge impact on the value of the house.

Gavin83 · 16 December 2018 at 2:00PM

Does you pension (and his, if he has one) balance out the 60% offer? What does he want from it all, have you asked his solicitor? How old are the children?

Advice on ex husbands entitlement please

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