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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:
GotTheBluePeterBadge · 12/01/2026 05:46

If you're going to demand half of everything, when you yourself have acknowledged that he put down £200k for your home together and knowing that is inequitable, then you also shouldn't be surprised that he may choose to draw out this divorce to attempt to protect his money and assets.

If you are so well paid OP, why do you not have savings of your own?

Also, you are quite right - £50k as a deposit on a property won't get you anything like the home you're used to, but that's because it's financed via two incomes, but it will get you somewhere you can live. You have no children so there is no provision needed for them in both homes.

You will need to temper your expectations, OP. Divorce isn't a payday.

monkeysox · 12/01/2026 05:45

Shinyandnew1 · 12/01/2026 00:51

He put down £200k for the house

So, he gets that back and then you split any equity left.

This

SweetnsourNZ · 12/01/2026 05:42

ThatsPlentyIsa · 12/01/2026 01:11

Is this a reverse? (Ie, are you the disgruntled husband rehearsing your soon to be ex’s likely grabtacular arguments to get some potential defences constructed?)

Edited

Wondered that too. Really with no children and no one having to take time off for maternity purposes they should leave with what they brought to the marriage and half of any equity/debts after the marriage. For such a short marriage anything else is just being a gold digger to me.

Divorcein40swoman · 12/01/2026 05:37

Paid 465k for the house.

Now.. its probably worth around 475k

Would need to get it valued which is what I will be asking to happen soon. But thats what similar properties are going for on the street

Obviously the other issue is how long all this is likely to take. What happens I'd he refuses to sign the divorce papers then what ???

OP posts:
ukgone2pot · 12/01/2026 05:35

Poor bloke. Accept the 50K and leave him in peace.

daisychain01 · 12/01/2026 05:27

Zanatdy · 12/01/2026 04:12

Legally yes you can take half. Morally, i’d give him back his 200k. That’s what I did and we had 2 kids. Yes it meant I have had to rent for 15yrs and this year I can finally buy again. Morally, i’d never have taken the money my ex saved before he met me but that’s me.

your situation is different to the OPs. You had 2 children. You may have also been married longer than 6 years. The OP would not get 50%. That is normally the starting point, before considering the individual circumstances of both parties in the marriage.

Hufflebuffs · 12/01/2026 05:15

Divorcein40swoman · 12/01/2026 00:57

I am seeing a solicitor for a free hour this week. I have told him to do the same and then we should talk. He replied and asked me to take 50 grand and leave him in peace. I don't want to use solicitors if we can help it as it will get expensive so I am hoping he doesn't try and hang this out and make it difficult

I think he’d say it was you making it difficult.

daisychain01 · 12/01/2026 05:14

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

You have had a very short marriage, and you had no children together.

You are younger than your DH so you have a longer time to build your assets, in the context of your eventual split and your life potential after.

The court will look at both your needs, not your wants. They will ensure the split of assets takes account of what you each bought into your short marriage of only 6 years. They will also protect both sides from attempting to clean out the other side of their assets and ensure each is protected. They may well consider his proposal and agree that it's a fair division of the assets you amassed as a couple during the 6 years.

you have the ability to ring fence any assets that you brought into the marriage the same as he can, As you do not have children there will be no need to consider any dependents' needs such as the primary caregiver keeping the marital home for the stability of the children.

you need to seek legal advice and you definitely need to change your attitude to how you are seeing the split of assets. If the marriage was 30 years and you had taken time out of your career to bring up children, then that would be a completely different matter.

You cannot count the time you were living together. The court will only consider the legal status of marriage. What you negotiate financially outside the court process is different. You just have to agree as the two people in the marriage how things will be split. If you can't agree, then you have to each put forward a proposal and the court will rubber-stamp the final decision according to a 'formula' so it is equitable and consistent with each party's circumstances.

That won't buy me anywhere though.

Then you will have to rent using the £50K. The court isn't there to help you buy a house. They are there to ensure you aren't homeless, so they will see your DHs proposal as the solution to that as the money gives you enough to put down a deposit and 3 months' rent. They will look at your employment status and be satisfied that you have earning potential and years into the future to continue to have stable employment to put a roof over your own head.

acorncrush · 12/01/2026 05:06

Zanatdy · 12/01/2026 04:12

Legally yes you can take half. Morally, i’d give him back his 200k. That’s what I did and we had 2 kids. Yes it meant I have had to rent for 15yrs and this year I can finally buy again. Morally, i’d never have taken the money my ex saved before he met me but that’s me.

That’s magnanimous but I think you did yourself as a disservice as the cost to women of having children is really much much greater than to men, unless you get a surrogate that is biological reality.

acorncrush · 12/01/2026 05:01

I don’t think you’d get half as you don’t have children and the £200k was put in before you got married and your marriage is short.

If you had children then the lifelong hit to your earnings as a result of being pregnant, giving birth and taking maternity leave, along with the ongoing needs and caring responsibilities of children would probably result in you getting half or more than half despite the money going in before marriage. This is to compensate you for the uneven cost to you of having children relative to him within a marriage and make it fair.

You have faced no such penalty so what would the justification be? Did you make career or earnings sacrifices to help enable his career?

zebrazoop · 12/01/2026 04:55

FrazzledHippy · 12/01/2026 00:52

I don't know about legally but morally he should walk away with the first 200k out of the house then the rest is split between you

This. As someone who has been through trhe divorce process Yabvu unless you have left any info out? Do you have children? Is there any loss of earnings whilst you stayed home/changed your working hours to work around kids which benefited his career? It’s very unlikely you will get half and he is well within his right to fight you every step of the way.

Catsandcwtches · 12/01/2026 04:53

My divorce solicitor advised me to reach a financial agreement first with my ex using an intermediary, rather than go through the court which takes more time and racks up legal fees.

Zanatdy · 12/01/2026 04:23

DreamTheMoors · 12/01/2026 02:24

You’re saying, basically, that you live in a
”community property” state like California.
Now I’m unfamiliar with how the UK splits up its areas and I’m unfamiliar with UK law, whether it’s the same all over the UK or if it’s different in say, Yorkshire than it is in London.
I got divorced in California in the 90s. I had stopped working at my husband’s insistence. He phoned me one evening out of the clear blue and told me he wanted a divorce.
He was living in a different state than our marital home and I got frightened that he’d file in that state - so I filed in California.
I never wanted a divorce.
But my filing for divorce - like he wanted?
That (for reasons known only to him) made him furious. No - beyond furious. Incensed.
Long story short, I got half of everything plus alimony - and my ‘93 attorney fees were $85,000. Shocking even today - right? In 2025 money, that’s $164,000.
My husband was soooo angry that I got an attorney and filed for divorce, that he kept me in court to the tune of $85,000. That was $25,000 more than my profits from the sale of our home.
He crippled me. Because he could.
That’s just my story.
Oh - and the kicker? He’d had a lover AND a toddler in that other state.
He’d been.cheating on me for years.
I’d tread carefully.

Scotland may have different rules (not sure it does on this though) but otherwise we don’t have different rules in different counties like the US does with states. OP is being greedy and unfair.

ChattyCatty25 · 12/01/2026 04:15

How much is the marital home worth?

Zanatdy · 12/01/2026 04:12

Legally yes you can take half. Morally, i’d give him back his 200k. That’s what I did and we had 2 kids. Yes it meant I have had to rent for 15yrs and this year I can finally buy again. Morally, i’d never have taken the money my ex saved before he met me but that’s me.

Summerhillsquare · 12/01/2026 04:03

caringcarer · 12/01/2026 01:07

As you have the capacity to work longer than he does it's very likely you will be awarded less, especially as a 6 year marriage is not long and no DC to consider. The judge is likely to look at he put in £200k and you put in nothing. Then you split bills equally so give him back his £200k then split any equity made on the House equally between you. A judge might award you half the savings as they occured after the marriage. The overriding factor the judge will take into account as no DC is the length of time you both have before you move on to pension. You will have longer to rebuild and earn more so therefore need less.

Are you a judge, or is there some other basis for your legal pronouncement?

TheDevilFindsWorkForIdleMums · 12/01/2026 03:52

It goes on length of marriage.....you aren't going g to get 50%. And that 200k will be seen as a premarital asset.

LadyBlakeneysHanky · 12/01/2026 03:43

Wow, this greed & exploitation is why so many men don’t want to get married - and makes their fears seem entirely rational and well-founded. I really hope my sons never make the mistake of marrying anyone who wants to shake them down in this way; & that the courts don’t give a legal veneer to what morally speaking is no more than extortion.
Poor man. Hope it is made up/a reverse.

SailingIntoSunset · 12/01/2026 03:26

ThatsPlentyIsa · 12/01/2026 01:11

Is this a reverse? (Ie, are you the disgruntled husband rehearsing your soon to be ex’s likely grabtacular arguments to get some potential defences constructed?)

Edited

I agree – it must be a reverse.

ImDoneOnceAndForAll2 · 12/01/2026 03:19

But you shouldnt get half.
He should keep the £200k he put in first
He should keep his own ISA
He should keep his own savings.

Why do you think you deserve it?

bugalugs45 · 12/01/2026 03:13

No children to consider is a massive factor here

CamillaMcCauley · 12/01/2026 03:02

You sound like you are trying to grab far more than your fair share of marital assets as you contributed significantly less than he did.

Being married to someone for a few years doesn’t give you the right to asset-strip them in the divorce just because you’ve led a spendthrift life.

LoveItaly · 12/01/2026 02:57

AwfullyGood · 12/01/2026 00:45

I hope you don't get half. Absolute robbery if you do.

Agree, totally unreasonable.

BeeHive909 · 12/01/2026 02:55

Oh I hope he rinses you in court for your pension and everything else you have. You are nothing but a money grabber.