I want half in the divorce. Am I likely to get it.

[Divorcein40swoman]

Posted here for traffic ..

Just looking for some legal advice.
Married 6 years . Together 15
I left him... moved out the house when he was away .. tod him afterwards
No children
He put down £200k for the house which came from the sale of a flat he owned I his name before we married.
Joint mortgage each paying half.
I continued to pay after I left which was last year
I want the divorce
I have no savings ... he has savings in an account in his name around 30k
He has an isa opened in his name after we married
We each have a pension. He can take his pension 10 years earlier than me as he's older
I earn slightly more than him and will be at work longer than him due to our ages

I want 50/50 of everything. The savings. The ISA and especially the house.
He's upset as he's not going to get a decent mortgage at his age . He also wants the £200k he put it to be given back. Us clear the mortgage and come away with about 50k each. I want half !!
What's likely to happen

Why do you want half if he put more in?

Doesn't sound like you deserve half OP considering you've not put in half (or anything close). Why do you earn more and have no savings?

I hope you don't get half. Absolute robbery if you do.

Why have you posted multiple identical threads? To maximise frothing at the preposterousness?

Because I have to pay my half of the mortgage and then rent and bills on my new place . Feed myself. Travel to work. Going out . Etc

You sound greedy tbh.

Courts will look at needs. If he’s older and can’t get a mortgage, plus he put an additional £200k towards the purchase, he may very well be awarded more than 50% of the assets.

Going after his savings too?! Wow!

The house we didn't buy until we had been married a couple of years . It's classed as a marital asset .

He's asked me to leave his pension alone and he wont touch mine and asked if I will take 50 grand. That won't buy me anywhere.

Why should he fund that out of the £200k he invested before you came along?

He didn't. He had a flat. We lived in it together. We then got married. He sold it and used the money to buy the marital home in joint names. We had been married for a while when we brought it

He put down £200k for the house

So, he gets that back and then you split any equity left.

I don't know about legally but morally he should walk away with the first 200k out of the house then the rest is split between you

This is basically what he's saying. That won't buy me anywhere though. All the advice I am seeing online says savings investments pensions and so on are marital assets. He opened his own savings account when we had been married a year. Same with the isa he took out. Pension he had for 15 years before we met. He's paid into 5 or 6 years of it whilst married .

I just want to make sure I go into this knowing what I am entitled to. They are marital assets

Who will win, the ex or the OP?
Who ever can afford the best solicitor?

What does your solicitor say? Hopefully you won’t get any of the 200k. You need to earn your own money and live off that

Please ignore internet froth.

I am seeing a solicitor for a free hour this week. I have told him to do the same and then we should talk. He replied and asked me to take 50 grand and leave him in peace. I don't want to use solicitors if we can help it as it will get expensive so I am hoping he doesn't try and hang this out and make it difficult

That won't buy me anywhere though.

Could you buy anywhere on your own before you met him!? If not, then why should a short marriage mean his cash should prop you up on the property ladder?

Did you pay rent or anything towards the flat while you lived there?

The fact that you can't buy anywhere doesn't mean you should get all his money OP!

£50k would be a pretty decent deposit on a 1 bed flat in most places. If you’re in your 40s, as your username suggests, you should be able to buy somewhere with that as a deposit and get a mortgage.

I certainly don't want all his money. I just want what I am legally entitled to. Marrital assets are split 50/50

From what I understand, any assets he was in possession of prior to meeting you will not count as marital assets. Similarly, anything either of you acquired after the date deemed to be the separation date won’t count either. I’m not a lawyer though. You both need legal advice.

Would the separation date be the date I moved out ? I am still on the mortgage and paying my half.

As you have the capacity to work longer than he does it's very likely you will be awarded less, especially as a 6 year marriage is not long and no DC to consider. The judge is likely to look at he put in £200k and you put in nothing. Then you split bills equally so give him back his £200k then split any equity made on the House equally between you. A judge might award you half the savings as they occured after the marriage. The overriding factor the judge will take into account as no DC is the length of time you both have before you move on to pension. You will have longer to rebuild and earn more so therefore need less.