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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that upon divorce everything is shared?

30 replies

QueenofmyPrinces · 05/10/2018 18:34

My cousin has been spending a few days with me because she walked away from her home/husband to get some breathing space but she has said their marriage is over.

The house they live in was originally hers and she lived in it for 3 years before she even met her now DH. Her now DH moved in with her about two years into the relationship and they were married two years after that.

She has told me that she is going to make him leave and then change the locks because it’s ‘her’ house and she doesn’t want him letting himself in. I said I didn’t think she could do that as legally it’s his house too but she was adamant that as it was hers before they met then it’s still only hers. I said that I thought regardless of the fact she lived there before she even met her DH, now that they’re married then he’s entitled to half of the value etc but she said I was wrong.

She also said that if she died (whilst married) then he wouldn’t get the house then either because it was hers first and his name isn’t on the mortgage or the deeds. She was saying this to strengthen her argument that her DH has no claims to their home.

I told her I was sure she was wrong and that she needs to investigate things properly so she knows where she stands but she was very dismissive of me.

AIBU to have said this to her because she’s adamant she’s right?

OP posts:
SummerGems · 05/10/2018 22:13

She’s wrong.

My cousin’s ex left him after only nine weeks of marriage and the house was in his name only.

He was A, told by his solicitor that the position would start at 50/50 in terms of equity in the house/other money, and that B, he legally couldn’t change the locks due to the fact that regardless of ownership status it was the matrimonial home. She repeatedly let herself in while he was out and collected things like crockery etc and he was unable to do anything about it.

In the end they did reach a financial settlement where he did come out more favourably and got to keep the house but he had to pay her a hefty amount of money in order to be allowed to keep the house.

And adultery means nothing in terms of the financial settlement

Also, if she died without a will he would be considered next of kin and would inherit everything. Even if she had a will he would rightfully be able to contest it.

Walkingdeadfangirl · 05/10/2018 22:26

They will get something, how much will be decided by the court.

lubeybooby · 05/10/2018 22:29

if he applies to protect his home rights, he will get it and be able to move back in at least til everything is finalised

hopefully no one would be such a douche but - well. good luck to her

cl61reb · 06/10/2018 09:31

They start at 50/50 no matter how long the marriage is. Mediation may mean she comes off more favourably but as soon as you sign the marriage certificate you have to be prepared to give them 50% of everything you have!!!

1099 · 06/10/2018 10:04

OP - Try having this moved to Legal Matters, you'll be able to get some informed advice, FWIW I would also say the property has become an asset of the marriage and the matrimonial home, your friend needs to get proper legal advice.

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