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Divorce, inheritance etc

(11 Posts)
Dazedandconfused10 Mon 20-Jan-20 22:05:18

I know I need to speak to solicitor but generally gathering info first.

I inherited a large sum 2 years ago. Used some of this as deposit for house. Ex h name on house. He contributed a nominal sum each month towards bills etc. Hes left. I've not spoken to him about this. In an ideal world I want to pay him back what he paid in in the last year. But will he be entitled to half of what I see as 'my' money? No kids.

If he agrees to me paying him back will a judge accept that?

Does he need to agree to be taken off the mortgage when I come to remortgage to my name solely? (To do so would mean putting nearly all the rest of my savings to keep the house)

OP’s posts: |
cabbageking Mon 20-Jan-20 22:13:32

He needs to agree to be removed as does your mortgage provider.

They will want to know you can afford to pay the mortgage by yourself before he is removed.

If you are married then the starting point is 50/50

Dazedandconfused10 Mon 20-Jan-20 22:19:00

We are married. The 50/50 is so frustrating, but if he doesn't want it will a judge agree to it?. my fault i guess. I think he will agree to coming off the mortgage and looking at affordability if I top up the deposit I'll pass, but if I keep saving I dont want to hand half that over too if I have to. Its money I've saved since he left.

OP’s posts: |
Wasail Mon 20-Jan-20 22:22:46

It does depend on how long you have been married. Also I think the 50/50 is so that you both have enough to buy homes for the kids. If you don’t have kids it may be different. Talk to a solicitor

Dazedandconfused10 Mon 20-Jan-20 22:24:09

I'll talk to a solicitor. I'm not planning on filing, just want to know where I stand if or when he does.

OP’s posts: |
GreenTulips Mon 20-Jan-20 22:25:35

What you are proposing is you sell the house as a couple and you buy it back.
It’s the same process without estate agent fees.

You have to supply the deposit bank statements etc

As far as 50/50 - he can waiver his rights to any pot of money. A solicitor won’t enforce it if you agree.

MysteryTripAgain Tue 21-Jan-20 05:33:36

Assets will be considered jointly owned regardless of who paid what. No obligation for courts to split 50:50.

Splits are based on needs and what is available. If there is insufficient to go around then both parents will have to adjust their lifestyles accordingly.

Dazedandconfused10 Tue 21-Jan-20 18:07:44

There are no kids to house just us.

OP’s posts: |
GreenTulips Tue 21-Jan-20 18:13:39

The 50/50 is so frustrating, but if he doesn't want it will a judge agree to it?

Sounds like a short marriage and he’s not that bothered.

You need to speak to him and gauge his position. Or just put it too him.

You’ve contributed X I’ve contributed Y can we agree of z?

Dazedandconfused10 Tue 21-Jan-20 18:24:12

We were married 5 years but previously agreed I'd never take any inheritance he ever had and he wouldn't take mine, but who knows.

OP’s posts: |
LadyMacbethWasMisunderstood Tue 21-Jan-20 20:27:06

The starting point after a shortish Childress marriage is not necessarily 50/50. Capital Contributions will be taken into account.

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