Does Soon To Be Ex Wife have any entitlement to property purchased with her contribution

[Greyjoy]

Hi There,

Hoping for advice on matter below.

As a result of irreconcilable differences, my wife of nearly 5 years informed me earlier this week that she will be seeking for a divorce and that she's moving out with our son of 3 and half years in a month's time to rent out a place.

The property we currently live in was purchased after we got married but solely with earnings I made prior to us getting married. There is no pre nor post nuptial agreement.

If we do end up divorcing, I wanted to find out whether she's entitled to any share of the property as her name happens to be on the mortgage agreement?

If I'm able to prove she never contributed to the deposit nor contributes to the monthly mortgage repayments, is she entitled to any share of the property by the fact that the property was purchased after we got married?

Also considering she is gainfully employed, can she still ask for spousal maintenance mainly because i earn considerably more than she does? I am happy to pay towards child maintenance but I question whether because she is moving out, i need to pay for spousal maintenance?

Also, I'm able to prove that I solely pay for the mortgage repayments, house/utility bills, council tax and everything else without support from her.

She only supports herself in terms of living expenses such as her car lease, dieting, phone bill and also towards nursery fees of our son.

Our son attends nursery 4 out of 5 days in a week. He is entitled to 30 hours free childcare out of the 32 hours of nursery that he attends every week. This works out around £200 a month which wife solely pays . We both chip in on son's maintenance but wife contributes around 60% and I, 40%.

Did you not realise that marriage is a legal contract OP?

You may well find she gets more than half I did. My ex was surprised to say the least

Who looks after your son on the 5th day of the working week?

Why did you as a couple decide her salary would go to childcare and yours to the house bills?

Why do you pay less than 50% of your child’s costs?

In the end, it doesn’t matter at all who pays what. The point is, you were married 5 years, bought a house together and had a child together. All income and all costs belong to both of you. Except that your wife will have taken a career break and (likely?) a reduction in earnings to work 4 days, reducing her ability to match your salary. So in a divorce the financial settlement will reflect this and seek to even things up.

"her name happens to be on the mortgage agreement"
Hmmmmmmm

Also OP, as she has borne a child and raised said child as an infant, that is treated as an equal contribution to your earnings from employment during that time. Do you think that only your contribution counts/matters in the marriage? And do you think that because she earns less than you, that she matters less? I don't know where to begin.........

And why does she pay the nursery fees for your joint child on her own?
Given your attitude, I think she's probably wise to leave this relationship.

Your wife has taken the typical career hit associated with motherhood. The marriage contract entitles her to half the marital assets for good reason.

You get to decide right now what kind of man you want to be and what kind of example you want to set for your son. As much as parents try to shield their children from the financial disputes of divorce and child maintenance, the truth comes out eventually. Split the assets fairly, pay maintenance, and cover half of all child care costs. You will have a better relationship with your son if he knows you did the right thing.

You will also need to look at, going forward, if 50/50 care is feasible and/or in the best interests of your child.

30 hours pw childcare is not even a full working week even before travel time is taken into account. How is that childcare issue managed. Who will pick up the slack? Are you expecting your wife to do all that, or can you share it? Childcare once in school becomes expensive as before and after school care isn't cheap and there are (at least) 13 weeks school holidays p/a that will need paying for or a parent to take time off for. Who will take time off for child's sickness/inset days/ doctor/dentist appointments etc etc

These are the questions that you should be asking. NOT is my wife entitled to proceeds from the house.

Yes she is. 50-60% of the house as a guesstimate . 🎉

You need a lawyer!

A marriage of under 5 years is considered a short one so they will take into account assets brought to the marriage as well as the current position. The court also needs to consider how you can both be housed going forward. You need to immediately offer child support, use the calculator online to work out the minimum then try to afford some more to help with the nursery fees. You also need to consider custody of your child, can you have him 50/50? Because that's changed the child support situation. You need to be proactive, you child needs his dad

You have been able to work and pay towards your joint asset the house - no doubt because she has picked up the slack in caring for your son. Her ‘contribution’ towards the care of your son and childcare costs has allowed you to work and pay so much more towards the mortgage. Young children with such high care needs don’t look after themselves.

So yes, she is entitled to a share of the joint marital asset. Given the way you speak, I’m not surprised she has initiated divorce.

And frankly, given the disparity in earnings between you both, the least you could do is contribute 100% towards your child’s childcare costs plus much more in maintenance.

I don’t think her share would be 50% as the marriage was very short and as you say, bought with your assets and savings. She will be entitled to some share, but I think it would be more like 50% of any increase in value to the equity after purchase. Get legal advice because it matters that you were only married for 5 years.

@Wearywithteens

This also.

Unless you bought the house outright, you are talking about the equity in the house. So how that is split. It might help to think of it that way. You can buy her out of her proportion of that and stay in the house if that is what you want to do.

Secondly, contact and residence should be decided in the child’s best interests - so your wife cannot really just walk out with your child! That said, if she is the main carer, then your child will be used to being with her. So you need to think about how a contact routine with you can be worked out. Contact needs to suit the child, not be about how it affects the maintenance you pay.

@Wearywithteens

So you ‘earn considerably more’ than this woman who is now a single working mother, living on the bread line with a 3 year old in a rented flat - and you want some advice on withholding as much financial support as possible from her? The mother of your child? Wow. Just wow.

The fact that she and the child have the upheaval of moving out says a lot about the OP. I hope she cleans up in the divorce.

Op, one other thing to remember. You will be co-parenting with your wife for the next 14 and half years. You can make it easier or harder. You can make it happier or more miserable for your son.

If you behave decently, your child will grown up respecting you. If you don't, your child will know, no matter how hard your wife tries to hide your actions.

Greyjoy
You sound like a Prince among men.
Unless this is an excellent Friday night leg pull!

@Milliepossum

The fact that she and the child have the upheaval of moving out says a lot about the OP.

Indeed.

Is this a piss take? Imagine how terrible things are for her to want to move out and rent with a 3 and a half year old.i also hope she cleans up in the divorce.

She doesn't pay for herself though does she. On her 30k she pays for nursery fees and most of things for your son.

You're earning 79k but will see your child and wife rent out a property rather than you move out... nice.

Mmm... got to be a wind-up, this one. Nobody can be this dense.

OP, I suggest that not only do you go for 100% of the assets but also suggest that she pays you maintenance for the privilege of allowing her to remaining primary carer to your DS. You might get somewhere with that... in cloud-cuckoo land.

"Also, I'm able to prove that I solely pay for the mortgage repayments, house/utility bills, council tax and everything else without support from her."

Was that deliberate on your part? To make it easier to wriggle out of financing your son's primary home?

Well if I had given any advice to your DW, it would have been to NOT move out and ensure you are the one to do so.
Because you know, this is your child’s house too aand he shouldn’t have to go through this upheaval.

I agree with some PP. we don’t know the story re the separation but you are going to co parent with her for many years.
Your dc will bear the brunt of you being an arse with money and wanting to take ass much as possible.
You are setting up the stage for a difficult divorce, difficult co parenting and a crap situation all round for your dc.

If you are that angry about her leaving, take on boxing. But dont make itt as hard as possible for her. Because that’s Making it as hard as possible for your dc.

Why did you as a couple decide her salary would go to childcare and yours to the house bills?

Oh Oh I think I know this one -
Because he wanted it to look very obviously like only his house that kindly he let his wife and child live in for a while.

This is the bit that confuses me- The property we currently live in was purchased after we got married but solely with earnings I made prior to us getting married. If it was bought solely with your hard earned cash from pre wife then why is there a mortgage with her name on it? Why would there be a mortgage at all?

Ah yes, another one of these.

Hope she takes you to the cleaners OP.

Given the disparity in salaries and the fact your ex is likely to be the resident parent, it is likely she will get 60% of the house maybe more. Then half of all your pension pots.

This was the scenario for my friend (a man who earned far less than his wife), he walked away with much more because his earning potential is less, he did childcare, and he had a good lawyer.