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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is hubbys new house a marital asset?

18 replies

Crazycatladyx5 · 02/06/2018 12:49

Backstory....hubby of 9 years left 2 years ago to live with someone else. We had spent 8 months going to Relate. Thought we had sorted stuff but knew we needed to keep working...Relate ended end of Feb...by April he was having online affair ..by May they were planning to leave their spouses in the summer holidays when she was flying back to her home village from living in Norway past 30 years. He left me 2 weeks before she flew over & I found all this out once she arrived.
I tried to divorce him that summer but wanted to discuss stuff with him first...he refused to talk to me & acted like he was the injured party.
So 2 years on...I am going ahead with the divorce. He says he doesn't want anything from our house. I bought it before I met him but know he's entitled to some as I married him. Our 9 year old lives with me. He pays minimum maintenance as only works part time. When we were together he was on long term sick with anxiety, when he did work he couple of shifts as a carer a week. When there was an opportunity to do more shifts he didnt take it.
There are a lot of debts, which I pay. By time we pay debts & halve what is left of equity I could owe him maybe a couple of thousand.
Since he left he has bought his dad's house...I believe it's in his name but know for def.. could be joint, or just hers.
If it is his name or joint am I right in thinking it's a marital asset?
I don't want any of it....but thought it might come in useful if he tries to take any of my house. My house us in my name & I've alwsys paid mortgage & all bills. He paid for the car, which he took. At certain times we had a car each & then I paid for mine.
So AIBU to say I don't want to give him anything from this house? I'd have to sell up & downsize to do it but still need 3 beds as adult autistic son is living with me now.
Ex doesn't need the money as his gf is well off... but it's about the principle.. .& also the control. (He still tries to control me at times)
Sorry this is so long. Thanks for reading.

OP posts:
NotSuchASmugMarriedNow1 · 02/06/2018 12:52

Yes it's a marital asset and will be put in the pot. If it came to it you could argue to the judge that as you are both housed adequately he simply transferred the fmh into your name.

NoStraightEdges · 02/06/2018 12:52

You know you need proper, irl legal advice, don't you? Get a solicitor and get it sorted properly.

Flowers Because it all sounds pretty horrible for you.

Singlebutmarried · 02/06/2018 12:52

He said he didn’t want anything from you?

Don’t give him anything then.

Crazycatladyx5 · 02/06/2018 13:24

I saw a solicitor 2 years ago when he first left. Plan to see another soon. Contacted one on Fri but turns out she only works inside school hours & I teach. Second one I tried didn't do free first meeting. I'm borrowing from my parents to pay for the divorce, I need to keep it as cheap as possible so I'm not paying £50 plus for first meeting when other firms do it free. It's just finding a good one.
He said he didn't want anything but he's always saying he's skint cos his gfs money is not his. Plus, since I met someone else he's been more controlling & horrible. So I'm worried he will change his mind.
I'll find another solicitor next week.
Thank you for replies.

OP posts:
Tistheseason17 · 02/06/2018 13:34

Def get it sorted through a solicitor so there is no comeback

CheeseandGherkins · 02/06/2018 13:39

My ex did the same, he said he didn't want anything, then he met someone else and suddenly changed his mind...It was a stressful time indeed.

greenlanes · 02/06/2018 13:56

I am not sure it would be a marital asset as it was bought after you had separated.

moodance · 02/06/2018 14:02

Depends if the house is in his name and is paying towards the upkeep. Rightly so if you decide to claim monies on his new house don't be surprised if he comes after your house too. More then likely he will be able to claim 50% .... depends what is your motivation is?

With regards to CMS as long as he is paying the amount stated by CMS he isn't doing nothing wrong.

HollowTalk · 02/06/2018 14:05

Please don't pay all of the debts if they are owed by him as well.

Onlyjoinedforthisthread · 02/06/2018 14:12

The 50 quid you save on your first meeting could end up costing you 1000s in the long run, you have to ask why they need to give away free appointments to attract customers. Penny wise pound foolish springs to mind.
Definitely get proper legal advice, you won't find it on here because no one knows all the details of your case.

Onlyoldontheoutside · 02/06/2018 14:16

You can check his house on land registry to see if he owns it.Chances are that you bought a house premarriage,he bought one after he left so since you haven't formally separated they are both marital property.
You should say to solicitor that you are happy is you just keep a house each the sort from there.Unless he is difficult then it shouldn't cost too much but you need a solicitor if he to reduce his control.
Get free first appointments as you need someone you feel comfortable with.My solicitor had and account that I paid into each month if I could so I didn't have a big bill in the end and I asked for regular bills as it was easier to manage.
Good luck.

Zaphodsotherhead · 02/06/2018 14:23

I'd take it to a solicitor. How did he manage to buy a house, if he's got loads of debts and only works pt as a carer? Did he buy a house 'off his dad' as some kind of dodge to avoid paying you anything?

KickAssAngel · 02/06/2018 14:27

If he has enough money to buy a house, how has he managed that? Did he have enough cash to put down a deposit? That would have been a marital asset.
If the gf has paid for everything, and it's in her name, that isn't an asset. If she's paid for everything, and it's in his name, she's a fool.

But yes, get a solicitor. Do you know how much money/assets he has? If you have a good idea, then can you come up with a plan for a fair split. Having a starting point could make it quicker/cheaper.

Crazycatladyx5 · 02/06/2018 14:32

Debts are in my name but all stuff bought for house or daughter.

OP posts:
ToeToToe · 02/06/2018 14:33

Definitely spend money on a solicitor. It will be money well spent.

brizzledrizzle · 02/06/2018 14:35

Since he left he has bought his dad's house.

Were you legally separated? I bought a house but it was after we had a legal document of separation, if I hadn't had that then he could have claimed it was a marital asset.

Sally2791 · 02/06/2018 14:37

The debts will be half his as are the assets.Do get proper legal advice not something to scrimp on

Mummyoflittledragon · 02/06/2018 14:54

I agree with pps. Get the best solicitor you can afford, not the one, who offers a free consult.

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