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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Divorce Petition

20 replies

SallySauce · 29/01/2018 11:36

Hi, I’m hoping for some advice I have filed divorce from my partner due to his unreasonable behaviour (h actually cheated on me but is refusing to accept the grounds of adultery and I have no physical proof that he did). He doesn’t want to instruct a solicitor as this will cost him money but I cannot really afford one. One thing he has said to me though is that he is entitled to half the house. I’m not sue he is tho, when we bought the house 5 years ago, he brought no equity to it as his previous house sold at a loss and I provided the £140k equity. The house is now worth £220k and we have a small mortgage left. Some people have suggested that he is only allowed half of the mortgage payments that have been made since we bought the house whilst others have suggested he’s entitled to half the house....
Can anybody help me here with this query before I engage with a no-doubt very expensive solicitor. It would be much appreciated.
ManyThanks 🙏🏼 x

OP posts:

ambereeree · 29/01/2018 11:38

Do you have children living in the house?

WitchesHatRim · 29/01/2018 11:39

You need to see a solicitor. The house is a joint asset.

VladmirsPoutine · 29/01/2018 11:43

Sorry but you will need to instruct a solicitor. The house by virtue of you both being married has become a joint asset.

VladmirsPoutine · 29/01/2018 11:45

It will be expensive but better go down that road and have done with than listening to hear-say advice because largely petitions are a case by case basis. If he won't accept your grounds for divorce being adultery and you say you can't prove it then I'm willing to bet my own house that he won't be reasonable in splitting amicably. Consult a lawyer.

FlippingFoal · 29/01/2018 11:52

If you petition him, then he will have to pay costs. The house is sadly a joint asset and will be split according to who is financially worse off - if you are the higher earner and he has less earning capacity then he would be allocated a larger share. If you are the lower earner then you will. If you have children then he cannot compel you to sell until the children are 18 provided you can afford the mortgage etc on your own.

WitchesHatRim · 29/01/2018 11:55

If you petition him, then he will have to pay costs

Not necessarily by any means.

Original poster

SallySauce · 29/01/2018 12:01

Thanks for all your advice, I will petition him then he can cover the cost. My real concern is the house, cos he brought absolutely nothing to it, yet I provided the £140k and it is worrying me like mad that he will walk away with half yet he never paid anything toward it.

OP posts:

Sanch1 · 29/01/2018 12:05

Unless when you bought it you had it written into the legal documents that you put in £140K that is to be taken out by you first on divorce, then he is entitled to half. You need to get a solicitor if you want to try and prevent him getting half. A solicitor will cost you less than losing £100K +

WitchesHatRim · 29/01/2018 12:11

Thanks for all your advice, I will petition him then he can cover the cost.

Seriously, you need advice. It really isn't that straight forward.

He may have to pay the cost of the court petition, although not in all cases by any means. He doesn't have to pay the financials or your legal costs.

VladmirsPoutine · 29/01/2018 12:13

I will petition him then he can cover the cost

It doesn't work like that.

plasticcheese · 29/01/2018 12:19

It also depends on how long you were married and living together for, and whether you have kids.

It may be that a judge classes it as a short marriage with no kids and both of you can support yourself, so they may award you your deposit back; a different judge may say that everything is a marital asset so you have to split it 50/50.

You MUST get legal advice on this though, there are so many variables. Fwiw I just lost half my assets in divorce, which were significantly higher than yours:(

KevinTheYuccaPlant · 29/01/2018 12:45

You need to speak to a solicitor, as others have said, but you also need to find out how the ownership of the house is shown at the Land Registry. Assuming it's in joint names and not your name solely, you'll need to know whether it's owned as joint tenants (in which case ownership is 50:50 and if one of you dies, the other automatically gets their half) or tenants in common. If it's tenants in common, then ownership can be registered in different proportions to 50:50 and if you were putting in significantly more equity, then whoever did your conveyancing might have registered it this way. Think it's £3 for a copy of the title deed at www.gov.uk/government/organisations/land-registry

My flat was owned in my sole name and always had been and the fucker still got half the equity :(

WitchesHatRim · 29/01/2018 12:46

My flat was owned in my sole name and always had been and the fucker still got half the equity

Because you were married. Allcassets are joint no matter whose 'name' they are in.

KevinTheYuccaPlant · 29/01/2018 12:56

Not in the case of a short marriage witches, we separated before 5 years of marriage, but the judge decided to take the length of engagement into account as well. It went the full three rounds in court and ExH didn't bother to turn up to the first two, while I ended up with a five-figure legal bill.

Tainbri · 29/01/2018 13:42

Seek legal advice. The house will depend on whether you are deemed "joint tenants" or "tenants in common" I have recently changed my will so that my half of the house will go in trust to DS and not automatically to DH and this is something that had to be clarified.

Tainbri · 29/01/2018 13:43

Ps: Tenants in this case is legal terminology and doesn't refer to people renting!!

Whatshallidonowpeople · 29/01/2018 13:44

It's not as straight forward as he'll get half of he won't get half. No one can tell you what the Court will decide. To it it comes to that they will attempt to ensure both parties' needs are met

WitchesHatRim · 29/01/2018 14:00

Not in the case of a short marriage witches

Again it depends, as you found out. It reall isnt that straight forward and the OP needs proper advice.

Farahilda · 29/01/2018 15:51

Also it's possible consideration might be given to why he sold at a loss. If he did this as part of a joint decision (ridding him of one mortgage so you could secure a larger joint one) that is also a contribution.

Get proper legal advice.

HelloBrass · 29/01/2018 16:24

The divorce and finances are two separate sets of proceedings, but you need the divorce up and running to deal with the finances in a legally binding way.

If it's a shortish relationship (did you live together before? Years of cohabitation is also counted), you can argue you made the contribution and should be credited back.

All the circumstances are taken into account, and ultimately it's a negotiation. Your ex could make it difficult if he's not prepared to be "reasonable".

You need advice from a solicitor.

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