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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Now I aint saying she's a golddigger...

524 replies

FeelingGoodAsHelll · 23/01/2023 11:11

Hello all

My title is exactly how I am being made to feel right now.

Me and my husband are currently separating - we aren't legally separated just yet - we need to agree on minute of agreement which will be issued hopefully soon - his solicitor is drawing them up.

We bought out house 2 years before getting married. My STBXH paid the deposit (around 25k). I had just finished uni at that point and was in a trainee role.. so my salary was peanuts for a while. His parents gifted £5k to US (no paperwork, nothing) a few years back and paid towards some of our wedding too. Again, it was to US, no paperwork.

My STBXH, as he earns x4 my salary, decided to overpay the mortgage every month, as he could afford to, and wanted to reduce our mortgage quickly etc. I didnt overpay as I had a lower salary and couldnt afford to. The mortgage / bill split was probably 70/30 (me paying 30, I didnt decide this split, he put everyhthing into a spreadsheet which worked out what we should both pay, his idea).

We verbally made an agreement that I could keep something (I wont say what as it will be very outing) if I dont touch his pension & savings account. He also wanted me to give back his deposit, which I intially agreed but house prices are high so I said no that I wanted the house split 50/50 as per title deeds. He agreed. He then came over a few days ago and told me that he wanted me to agree to not touch anything in his personal bank account (I said I wouldnt, why would I?!). He then said that he wanted x, y, z item from the house added to this "list". I started to get annoyed as this list is getting bigger and bigger and all I wanted was one thing.

Anyway, he said he would buy me out, and pay me half the house, he told me the figure he could afford. Home report came back below this figure (by quite a bit). He now tells me he can't afford it, despite telling me the bank has agreed to lend him the money. He then asked if I would decrease my share. I asked by how much. He then said he wanted all overpayments, his deposit, and all monetary gifts his mum and dad deducted from my share. I told him that we should just sell the house if he can't afford to buy me out, he is reluctant to do this.

I Told him he was taking the piss and that he wont be happy until I walk away with nothing. He profoundly apologised, said he would move money around to get the funds (So he can afford it). I then picked a solicitor who told me that my verbal agreement was rubbish and that she wanted to see all bank accounts, savings, pensions to see what I am legally entitled to. I disagreed but she was quite adamant. I gave my STBXH the heads up about this to which he said, "if you or your solicitor ask any questions, or try and take my pension or savings, the fighting gloves will come on and mud will be thrown... youll walk away with a lot less than 50%, you'll regret it".

In the meantime, he keeps telling me to put offers on properties so I can move out asap but I can't as I don't know what my deposit will be. He keeps telling me to get a mortgage in principle, which I have but they are really low as I am putting down the worst case scenario, i.e. if I do end up with nothing. He told me that he won't give me my share of the money until I give my keys back to him (if he buys me out). I offered to move into my dads, so I can get this money and move on, but asked if I could keep bigger furniture in our house (my dads house is tiny) until I move in my own house, he said no, once I move out, I cant come back. I feel like he is pressuring me. My solicitor said he is bullying me and I should call bluff on the thing he has promised that I can have if I dont touch x, y, z.

I only want 50/50 split on house and the promised thing. However, I feel he is being unfair and pressuring me.

AIBU??

This split was mutal!!

OP posts:
GoodChat · 23/01/2023 12:27

FeelingGoodAsHelll · 23/01/2023 12:26

But the parents genuinely gave us both the gift. We were both present, it was out christmas present! if it was just for their son, why didnt they give it to their son? Why didnt they have something drawn up. My parents have give us money over the years, should I demand that back too?

If he genuinely goes in for everything like he's threatening to, then yes.

unsync · 23/01/2023 12:28

What is the CEV of the pension though? What has he declared on Form E? Sounds like he's hiding assets. If you make a move on the pension, it might make him behave better.

Listen to your solicitor, they have your back, your husband doesn't.

FeelingGoodAsHelll · 23/01/2023 12:28

Maybe I should write a list of everything my parents have given to us but the thought hadnt crossed my mind as it was gifted to both of us.

OP posts:
Thereisnolight · 23/01/2023 12:28

Aprilx · 23/01/2023 12:24

Don’t be so ridiculous. They gave the money to their son and nobody is going to ever see it otherwise.

So you’re saying they gave money to their son specifically to buy himself something - not to buy something jointly between him and his wife?
Because if it’s the latter (which I think it was) then he gifted half of this gift to his wife (even taking the legal marriage contract out of the picture).
Do you think all gifts should be returned if people fall out with the recipients?

Lockheart · 23/01/2023 12:29

Honestly OP I would be very surprised if you were awarded 50% of the house given the relatively short length of the marriage, the fact you are both working, the fact there are no children, and the fact that he and his family contributed the bulk of the capital. I don't think it's impossible, but I would be very surprised.

Make sure you are confident in your solicitors judgement and abilities and listen to them and go from there.

GoodChat · 23/01/2023 12:30

OP honestly ignore the people having a go here.

He doesn't want the dog. You don't want his pension or savings.

If it's still at the point where you can be amicable, tell him those are the things you both originally agreed and you're happy to stick to that agreement.

Are the things from the house things you actually want, or just things you don't want him to barter over? Pick your battles. Work out what you really want and need and don't fight over the small stuff.

honeylulu · 23/01/2023 12:30

Just chipping in to say that when considering the split, particularly of property equity, the court will aim to see that both parties are left "adequately housed" so regardless of who paid what, if there is enough to fund two homes (albeit with mortgages) the split will need to allow for that.

Morally I see the issue of why should you than your proportionate share when you haven't made salary sacrifices to stay home for children. But also Morally, you and dog have to live somewhere.

yousmellnice · 23/01/2023 12:30

Go to the solicitor. Stop communicating with him directly other than re: Dog access as per current arrangement. Keep all records of times you have sorted out dog.

yousmellnice · 23/01/2023 12:31

FeelingGoodAsHelll · 23/01/2023 12:28

Maybe I should write a list of everything my parents have given to us but the thought hadnt crossed my mind as it was gifted to both of us.

Thats not a bad idea

Aprilx · 23/01/2023 12:35

Thereisnolight · 23/01/2023 12:28

So you’re saying they gave money to their son specifically to buy himself something - not to buy something jointly between him and his wife?
Because if it’s the latter (which I think it was) then he gifted half of this gift to his wife (even taking the legal marriage contract out of the picture).
Do you think all gifts should be returned if people fall out with the recipients?

No. Why do people come out with these totally different scenarios in that “so you think this then…”. So no. I don’t think that. Happy?

I am saying that this is how that money will be viewed by whatever legal person that needs to judge this settlement. I am saying that it will be considered as his contribution, not hers. As a statement of fact. And in a short marriage, which this may or may not be treated as, the contributions of both parties are absolutely relevant to the settlement.

ladymacbeth · 23/01/2023 12:36

FeelingGoodAsHelll · 23/01/2023 11:17

I'm hurt that his family have reminded him of monetary gifts and want that deducted!!!

Why shouldn't they? It was his/their money, why should you get to keep it?

Back2Back2t · 23/01/2023 12:36

You see, if there were kids involved, OP could have easily taken half of everything.

I don't know why some posters are advising OP to go for half of everything. Do you really think a judge is gonna allow that given the circumstances?

Half of the house is even a stretch!

FeelingGoodAsHelll · 23/01/2023 12:38

I am not "going after" half of the house. It was agreed that we both jointly owned our home. The house has appreciated quite abit, so why should I get half of that? It isnt his money.

OP posts:
aloris · 23/01/2023 12:38

You say his parents paid toward some of the wedding. Who paid for the rest of the wedding?

I don't know what you should do but I think wedding gifts from his parents to both of you are to both of you, not just to him. Like engagement rings, a wedding gift is in expectation of a wedding. If you break up before the wedding happens, ok, you return it. Once the wedding occurs, no return. It's not a guarantee that the marriage will last until death. Nor is it a refundable deposit that can be returned to his side of the family if the marriage breaks down years after the wedding.

ThirtyThreeTrees · 23/01/2023 12:38

Why do you think you deserve more than you contributed?

deeperthanallroses · 23/01/2023 12:39

I'd say 'I asked for half the house and nothing in it except the dog, none of your savings or your pension. Every time you speak to me you push back demanding more and you call me a gold digger?? Fine, I am going to tell my solicitor to pursue a fair deal, they will immediately want your savings and pension as that's fair dealing when a marriage ends. I'm done with this.'

Realistically I understand why he wants his parents deposit gift back, but he is being a bully and if he doesn't want his savings touched, or his pensions brought into consideration, then he has to give something. and he doesn't want to.

WFHbore2023 · 23/01/2023 12:39

What an absolute mess.

Sorry if you've said it before, but how was the dog paid for? Was it from a joint account?

I would absolutely fight for my dog too.

He's surely hiding something, wanting to protect something, if he's suddenly turned like this.

I would probably make a note of all that your parents have gifted you both also, it would appear that this is the route it's going down

butterfliedtwo · 23/01/2023 12:40

NewFoxOldTricks · 23/01/2023 11:30

You're divorcing, why wouldnt they?

Of course they are. That's completely to be expected.

Lostprincess5 · 23/01/2023 12:40

The fact is a marriage is a joint venture, all earnings and things acquired during the marriage are marital property. The whole point is sharing lives, money, everything.

A person who has enjoyed a standard of living in a marriage shouldn’t have to go back to pre-marriage position, that’s the whole reason for the law. The fact that the STBXH was supporting the OP is a reason for more financial provision, not less. There are more often than not unequal earnings either side in marriages.

I would be beyond devastated if any gifts received by my DH and I were totted up in this way. My DH would not entertain it, even on a split I’m sure.

The only thing to do is to do the full discovery of all assets and liabilities, and see where the land lies. Only then can the OP make a decision about what she would deem fair.

These things are nasty, so do not engage and say everything has to go through the solicitor.

Newlifestartingatlast · 23/01/2023 12:41

Renlea · 23/01/2023 11:19

Hes put a lot more into it than you, I understand why he is trying to protect that.

He also signed a legal contract of marriage. That means all his assets are joint assets for. The date of the marriage. if he didn’t know that he’s naive or stupid.

why do people not realise a marriage or civil partnership is a legal contract and it over writes any ideas of yours or mine in law.

ladymacbeth · 23/01/2023 12:43

FeelingGoodAsHelll · 23/01/2023 12:38

I am not "going after" half of the house. It was agreed that we both jointly owned our home. The house has appreciated quite abit, so why should I get half of that? It isnt his money.

No, it isn't your money! He paid the deposit and paid most of the mortgage. Why do you get to take that?

FeelingGoodAsHelll · 23/01/2023 12:45

because we agreed to that - he was asked how he wanted to proceed, if he wanted to ring fence his deposit and he said no. So the house, as legally binding, is owned jointly and the value is to be shared 50/50.

OP posts:
FeelingGoodAsHelll · 23/01/2023 12:46

its not about what I am trying to get, or think I am entitled to, it is what we both agreed would happen to the house.

OP posts:
GabriellaMontez · 23/01/2023 12:46

Take the advice of your solicitor.

Ignore his threats. He's bluffing.

Ignore his family. They're grabby. Asking for gifts to be returned from 5 years ago..?

Ignore the nonsense on here.

Aprilx · 23/01/2023 12:46

Newlifestartingatlast · 23/01/2023 12:41

He also signed a legal contract of marriage. That means all his assets are joint assets for. The date of the marriage. if he didn’t know that he’s naive or stupid.

why do people not realise a marriage or civil partnership is a legal contract and it over writes any ideas of yours or mine in law.

@Newlifestartingatlast

You need to read up on short marriages.

After the breakdown of a short marriage, assets are divided up broadly in line with contributions.

It is debatable whether this is a short marriage or not, well actually it is definitely a short marriage, but is is debatable how much of the time together prior to marriage would be factored into the asset split.

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