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

There is at least £250k equity in the property. He has savings - these are a marital asset. The value of both pension pots should be considered as well as any other savings/assets. The 9 years together before 6 years married is also considered in a divorce. It wouldn't be deemed a short marriage. This is definitely not a 'here's your £50k now fuck off and be grateful' situation. This is a legal question about divorce. People are staggeringly naive about the legal consequences of marriage/divorce.

Can’t believe you’re going after his savings when you didn’t save yours and lived in the moment! Poor bloke

I hope he gets a good lawyer.

Poor bloke, doubt you will get half with no kids. Your a very, very greedy woman. Bet your eyes lit up with greed when you met him.. how long you been planning this?

I hope you don't get half as I am the husband in this situation if we ever were to split.

The money used for our house deposit is inheritance that I received. Dh has always said he would be happy for me to have that back and split the equity if we were to divorce, but clearly morality goes out of the window once divorcing!

Also, I can't believe you frittered away your own spare cash, your partner saved his and you now want half of his savings

I know legally is different to mortality but poor bloke! In all honesty, people like you make me thing its best to not get married and just live together

You both need legal advice...I hope he gets fantastic representation who argues for him to keep as much as he can

No the posters right. You need to look at case law.There really isn't cases where you can be married under ten years.And simply be given fifty fifty, it's not it's not like that.But after ten years, the law itself actually changes. Relationships, prior to the ten year mark are kind of sometimes included.But not always included, and you forget that the original flat that he raised capital for was also his.

I provided the whole (big) deposit, my ex put nothing in.
He got just under half (the kids are with me).

Morally you shouldn't get half - but I suspect you may.

That is not true! There is nothing automatic whatsoever.

Im super confused you've may only have 50k equity. I think you misunderstood this. If the house is worth x but you've only paid off x.That's how much money you'll have cash wise to split.So you need to know how much money you've got in the house.How much is left on the mortgage?And then that's what you would split fifty fifty.It could actually work out less than fifty thousand you might be shooting yourself in the foot.

You'd have to do that if you'd never been married.

You will probably get half in the end. If you're smart you tell him you want 100 k to skip the legal fees. If you ask for more and it goes on you will lose 20 k in legal fees

Be honest with yourself. How would you feel if you had put in the 200k and now he wanted half of that? Would that be fine because he's "entitled to it" as a marital asset.

You sound very selfish.

You were only married for 6 years, he put down £200k from a flat he owned before you were married, you’ve no dependents…. You should take the 50k he offered because if he has a half decent solicitor you won’t get anywhere near 50/50. You earn more than him and can work longer than him so you have more earning potential, go earn your own money and stop being greedy

And if this is what you think/expect in your circumstances, you’ll need more than an hour of free legal advice.

To answer your other questions, he can’t stop you getting a divorce, you just apply for it and it happens. The financial split however, he can dig his heels in on.

The separation date will be the date you moved out unless you can prove you were separated and living separate lives before that date.

Not always.

DH and I each had absolutely nothing when we met, so if we split (for simplicity I'll ignore the fact we'd have to account for childcare), we would be 50/50, regardless of our current earnings because at one point or another we've both been the higher earner and we've both paid more of the bills.

My sister however, her partner had a large cash deposit for their home from the same of his previous home and she had nothing. They pay bills according to their incomes, so he pays slightly more. If they split, he's entitled to more: what he put in plus his half of the proceeds from the joint home.

Your financial positions before the marriage and what you brought into it will be taken into account.

Look at it from the other side. If you'd put down a 200k deposit, would you be happy if he took half of it and then half of everything you'd paid for?

I put more into funds at the start, I paid all the bills incl mortgage, and did all the childcare. I worked full time and overtime, he worked 20hrs.
He got more than 50% because he had less opportunity to build back up to the same standard of living, and needed to find a property. It included ridiculous things like I had to give him cash to the value of my car, even though he didn't drive.
The only thing he backed down on was 80% of my pension, but the law would have happily given it to him.

Only you two know what went on in your marriage and why. I seriously doubt a judge would award you half. You either agree a fair amount or you involve solicitors.

me too, I’d fight tooth and nail to make sure she didn’t get my £200 000 even if it meant I didn’t end up with it myself.
Op didn’t save because she likes to live in the moment and left to find herself…..
Sounds like the person she found is brutal!

50k sounds reasonably fair to me.

Increase in home equity 10k, so 5k each
Savings account 30k, so 15k each
ISA unknown, split value in half
Pension difference unknown, but realistically a court is unlikely to award a lot if he is close to retirement.

Legal fees cost a lot, and won’t be worth it for assets of this size, beyond initial advice about what you can reasonably expect.

If you’re trying to maximise what you get left with in the end I’d go back to DH and offer a clear break and a quick no fault divorce for 70k. It’s likely that he would recognise that the extra 20k would be swallowed in legal fees and either agree at that figure or be willing to offer something halfway between.

Why do you expect to be left in a position to buy a property? You didn’t have one before, and have done nothing to save for one despite earning more than he does. Sounds like you used him for a lifestyle and expect to continue doing the same even after you’ve left him.

If this is a genuine post I can’t see this being 50:50 tbh. That is the presumption at the start at then the whole picture is looked at. The fact it was such a short marriage plus no children plus your age plus your earning power means really you should come out with not much more than you put in. I would personally expect. 50:50 of a couple married for 30 years where there are children and you are both put into the marriage in terms of time and money. The 50:50 is to reflect that balance of the family unit for such a long time. If anything if your husband is older then he could argue less earning ability and therefore greater need.

but not a lawyer and these things are negotiated and there is no exact formula. My friend got divorced recently after 5 years and they basically took what they put in give or take. It wasn’t quite exact but there was no arguable reason for either have a claim in the other.

all you can do is talk to a specialist and take their advice.

Very noble of you. And you and your children had to rent for 15 years so I don't see that as a victory. This is a legal issue not a moral one. OP needs to set herself up for the rest of her life and it's up to her ex husband to do the same.

When ex DP and I split (we weren't married), that's what we did. We'd used the money from the sale of my property to buy our house so I got that back and we split the remaining equity. I'd have fought hard if he'd argued for half of all of it.

Based on what you have posted op, you won't get what you want.