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I want half in the divorce. Am I likely to get it.

258 replies

Divorcein40swoman · 12/01/2026 00:39

Posted here for traffic ..

Just looking for some legal advice.
Married 6 years . Together 15
I left him... moved out the house when he was away .. tod him afterwards
No children
He put down £200k for the house which came from the sale of a flat he owned I his name before we married.
Joint mortgage each paying half.
I continued to pay after I left which was last year
I want the divorce
I have no savings ... he has savings in an account in his name around 30k
He has an isa opened in his name after we married
We each have a pension. He can take his pension 10 years earlier than me as he's older
I earn slightly more than him and will be at work longer than him due to our ages

I want 50/50 of everything. The savings. The ISA and especially the house.
He's upset as he's not going to get a decent mortgage at his age . He also wants the £200k he put it to be given back. Us clear the mortgage and come away with about 50k each. I want half !!
What's likely to happen

OP posts:
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HipHopDontYouStop · 14/01/2026 06:53

bugalugs45 · 13/01/2026 13:25

In answer to the first line of your post … am I likely to get it ?
NOPE & NOPE

Are you a solicitor?

menatarms · 13/01/2026 15:32

MikeRafone · 12/01/2026 06:07

The £200k

did that come from a flat you both lived in and how many years did you live in the flat? How many years did you pay towards the mortgage in the flat?

This was also my first thought reading this @Divorcein40swoman can you enlighten us?

bugalugs45 · 13/01/2026 13:25

In answer to the first line of your post … am I likely to get it ?
NOPE & NOPE

pilates · 13/01/2026 04:52

Op, will you update us with what legal advice you received? It’s in no one’s interest to have a long drawn out divorce only if you want to line the pockets of solicitors. Can you go to mediation?

justasoul · 13/01/2026 00:05

@OhDear111 she's gone with the third (or maybe fourth?) solicitor she spoke to, the one she found most helpful. They all said pretty much the same though, that because they lived together for a good while prior to getting married it doesn’t qualify as a short marriage. But I’ll tell her to ask about this ruling, thank you.

OhDear111 · 12/01/2026 23:38

@justasoul She needs a new solicitor! That’s rubbish after 2 years. Plus there’s a new ruling about what parties had before they married in terms of what’s in the marital pot. She needs better advice!

justasoul · 12/01/2026 23:18

Friend of mine is in the same situation but she is in your DH’s shoes: married just over 2 years but cohabited for 8 years prior, her XH is potentially walking away with half the house she had paid off the mortgage of, half the pension and savings… he is not even named in the deeds and mortgage was paid off before the wedding. Her solicitor says that unless they agree otherwise between them that’s the likely outcome, 50-50. Fairness doesn’t really come into it.

Shatteredallthetimelately · 12/01/2026 22:12

Your DH paid a good deposit towards the property.
You contributed nothing towards the deposit.

Had his own savings/ISA.
You have neither.

You pay half the mortgage still, which is what should be expected.

Went halves on holidays and meals out,
So your DH paid his way there.

DH saves where he can.
You spend spend spend

You've given some information here but apart from paying half of what was left towards the mortgage, once DH laid out 200k, you've left out what you've contributed towards this marriage.

Cosyblankets · 12/01/2026 21:38

MikeRafone · 12/01/2026 14:25

That’s why I phrased the sentence, if you paid the mortgage

I figured she would have made it clear. But in any case it's not looking like she's coming back to clear that up.
I guess the answers did not go as she wanted

Stickyplasters · 12/01/2026 20:37

@whattheysay urgh. Any grist to her mill is sickening.

JudgeJ · 12/01/2026 20:33

ToKittyornottoKitty · 12/01/2026 00:56

What does your solicitor say? Hopefully you won’t get any of the 200k. You need to earn your own money and live off that

If he put his £200k into the house purchase then he shouldn't get his £200k back, he should get whatever percentage of the house's value it represented, ie if it was 30% of the house price then he should get 30% of the house's current value. It's not up to him to continue to prop you up because you haven't bothered to save anything.

whattheysay · 12/01/2026 20:30

Stickyplasters · 12/01/2026 20:25

@whattheysay @Elektra1 No cohabitation is not the same as marriage. It’s why there are threads that say ‘I was with exDP for 20 years with 2 kids and they have now fucked off with new person and left me financially up the swanny. What do I do?’ Personally I think it’s right. Either commit and have the protection or don’t and I am glad that (hopefully) only a 6 year short marriage counts in this situation.

As it goes, I had property and finance before I married DH. We have a pre-nup protecting that. We have made money together but I will still protect the money that was pre him and given to me from my family. Not that I think I need tho (tho hopefully I will never find out annd his family is a whole other ball game with their levels of entitled twattery if you allowed a foot in the door).

And he just doesn’t interfere with how I work out the money that is now being passed to me because of Rachel Reeves. He knows I am fair (I do all the investments for all the family and he doesn’t come up short) and that I am always ‘team us’ based but my decision on this is final. And I would have the same view if roles were reversed. One thing I am is consistent.

OP - You, however, are the worst type of person. Grabby and entitled and I hope you get your arse handed to you.

Edited

That’s right just cohabiting without being married gives no legal rights to assets. However a long cohabitation followed by a short marriage will lengthen the time of the marriage. Op lived with him for 9 years followed by a shorter 6 year marriage but that 9 years will be ‘added on’ as such and the marriage will be viewed as longer than 6 years.

Stickyplasters · 12/01/2026 20:25

@whattheysay @Elektra1 No cohabitation is not the same as marriage. It’s why there are threads that say ‘I was with exDP for 20 years with 2 kids and they have now fucked off with new person and left me financially up the swanny. What do I do?’ Personally I think it’s right. Either commit and have the protection or don’t and I am glad that (hopefully) only a 6 year short marriage counts in this situation.

As it goes, I had property and finance before I married DH. We have a pre-nup protecting that. We have made money together but I will still protect the money that was pre him and given to me from my family. Not that I think I need tho (tho hopefully I will never find out annd his family is a whole other ball game with their levels of entitled twattery if you allowed a foot in the door).

And he just doesn’t interfere with how I work out the money that is now being passed to me because of Rachel Reeves. He knows I am fair (I do all the investments for all the family and he doesn’t come up short) and that I am always ‘team us’ based but my decision on this is final. And I would have the same view if roles were reversed. One thing I am is consistent.

OP - You, however, are the worst type of person. Grabby and entitled and I hope you get your arse handed to you.

caringcarer · 12/01/2026 19:36

PrincessofWells · 12/01/2026 02:35

But it won't be considered a short marriage. The 15 years living together prior to marriage will be taken into account.

I thought it is 15 years in total, but only 6 married.

CraftyMintHedgehog · 12/01/2026 19:26

Divorcein40swoman · 12/01/2026 01:02

I certainly don't want all his money. I just want what I am legally entitled to. Marrital assets are split 50/50

No they're not.

50/50 is just a starting point.

As there are no kids and he put in the £200k for the deposit then it's unlikely you are entitled to 50%

He should/will get the £200k then half each of any further equity and savings and pensions.

If you can't afford to buy then you'll have to rent.

Hankunamatata · 12/01/2026 19:21

You need to give him 200k out of house sale and split equity and 30k savings.

Anything else your a grabby nowt

Gonners · 12/01/2026 19:18

I'm still on very good terms with my ex- from about 1990, who quite reasonably looked elsewhere when I showed no interest in marrying him <on edit ... or anyone for that matter>. By chance, he emailed me today saying he'd been looking through old photos and remembering holidays and could I think of any other places. He also mentioned that divorce from wife #2 had finally come through - it's taken years! I could remember quite a lot, so sent a chatty reply about places he'd forgotten and added a PS: "Congrats on the divorce. Maybe we should celebrate by getting married? I'm sure it would be great, as long as we didn't live together!"

He replied: "Much as I appreciate your suggestion, I don’t think I want to get married again. As Rod Stewart said, “If you want to get married, just buy a house for the girlfriend and don’t bother.” I'm now tempted to send him a link to something outrageous on Rightmove.

Happilyobtuse · 12/01/2026 18:38

Money that he had previously will be ring fenced, in exceptional circumstances it can be taken into the pot for instance if you need to provide for children etc. In this case that does not apply. Since you earn more he might be entitled to your pension. I hope you decide to be fair instead of being so grabby! Or karma will get you!

Elsvieta · 12/01/2026 16:36

Divorcein40swoman · 12/01/2026 00:54

This is basically what he's saying. That won't buy me anywhere though. All the advice I am seeing online says savings investments pensions and so on are marital assets. He opened his own savings account when we had been married a year. Same with the isa he took out. Pension he had for 15 years before we met. He's paid into 5 or 6 years of it whilst married .

I just want to make sure I go into this knowing what I am entitled to. They are marital assets

But why do you think that's his problem (you not being able to buy anywhere), after a short marriage and no children?

If you want to live off a man, you do need to put up with living with him.

Shinyandnew1 · 12/01/2026 16:26

Angrybird76 · 12/01/2026 15:51

Does anyone else think this is a reverse?

It does feel rather like it!

Angrybird76 · 12/01/2026 15:51

Does anyone else think this is a reverse?

ParmaVioletTea · 12/01/2026 15:35

I want 50/50 of everything. The savings. The ISA and especially the house.
He's upset as he's not going to get a decent mortgage at his age . He also wants the £200k he put it to be given back. Us clear the mortgage and come away with about 50k each. I want half !!

YABVVVVVU

Selfish grabbing besom.

And I normally support women in this sort of situation. But not you. No wonder men are wary of marriage when there are gold-diggers like you around.

Itiswhysofew · 12/01/2026 15:29

You'll get what's legally yours.

Taking half the man's savings though - yikes!

Andthatrightsoon · 12/01/2026 15:28

MaggieBsBoat · 12/01/2026 15:24

Gosh it sounds like you got married purely to get a financial benefit. Romantic!

I bet he's regretting it 😮

MaggieBsBoat · 12/01/2026 15:24

Gosh it sounds like you got married purely to get a financial benefit. Romantic!

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