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AIBU?

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Divorce experts - can he take it all?

30 replies

Countingbackwards · 27/10/2022 20:23

Divorcing my mentally and financially abusive H... If someone has any legal knowledge, please help me out.

We are married with 2 dc. Before we married we bought a small flat in London. Both put in 50/50 deposit. The flat has a large garden, and i paid and applied for a planning permission to extend the flat into the garden. I also found and paid for an architect to do the drawings. I have account details to prove.

We had dc1 unmarried and i stayed as a sathm. After dc2, we married and i stayed at home with dc for 6 years in total. During those 6 years i had two part-time jobs, which didnt really pay much. He actively encouraged me to quit them since he didnt like looking after the dc, but when i didn't work, he routinely shouted at me to 'get a job' 'make money' etc..

After we married, i found out he had been cheating on me for 2 years. Also, after i decided to stay and try work on things, we started the building works to extend our flat out into the garden. We remortaged the property to pay for it, and he also put in some of his own money into it. Up to 70k he says, but i have no idea. We were a young family and i took it as my role to look after the two little dc in the middle of a building site as well as having to stay at friends and familys houses for several months when the property was unlivable. He stayed put and managed the build.

After a while we rented the flat out and moved abroad. Remortaged again, and bought another house outright in europe where we are now.

Ive finally realised what a prick he is. I want to divorce him. He says our London home belongs to him because he invested his own money into it and i can have this house, which is worth a third.

Can he just claim the London property to himself on the basis that he paid the majority of the extension? We were married at the time! I was looking after very young dc and saving money by taking them to stay with family and not having to pay for alternative accommodation and nursery fees.

I have been working now again for a few years. He keeps all the rental income from the flat. I never see a penny, yet pay capital gains tax on it. I also pay all the bills in our current home. He doesn't contribute fairly, and its crippling me financially. Hes actually even refusing to move out before i either give him the London property or buy him out if this house. Which i cant afford yet.

Can he take it all? We are in Europe but married and lived in the UK for a long time. Can we get a uk divorce?

OP posts:
ManefesationofConciousness · 28/10/2022 15:32

You need to factor in cgt if selling the flat
sounds like it will substantial as you gavff ex find work and dont live in it

do you pay uk tax on thd rental income? Assuming you pay half the tax each

Countingbackwards · 28/10/2022 19:34

@ManefesationofConciousness what is cgt? I do pay tax on the property but he keeps the rental income. It was Ok when i was gullible and thought we were a couple working together for our joint future, but i see it was his plan all along to try get that income for himself.
Neither of us plan to move out of the country (at least in the near future).

OP posts:
RandomMess · 28/10/2022 19:39

Capital Gains Tax

MintChocCornetto · 28/10/2022 19:45

Ohsugarhoneyicetea · 28/10/2022 15:07

Its basically a race to file first, if you file in the UK first then UK laws apply. Id do it online today.

I didn't know this @Ohsugarhoneyicetea - does this apply even though they are resident elsewhere?

ManefesationofConciousness · 29/10/2022 01:42

Countingbackwards · 28/10/2022 19:34

@ManefesationofConciousness what is cgt? I do pay tax on the property but he keeps the rental income. It was Ok when i was gullible and thought we were a couple working together for our joint future, but i see it was his plan all along to try get that income for himself.
Neither of us plan to move out of the country (at least in the near future).

Capital Gains tax
As you don't live in the flat it will be due on sale. As non UK residents then you need to get advice about any relief.
Is the mortgage in your name? BTL?

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