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%.

Goodness, I wonder what your wife would say about why she was divorcing you

@Greyjoy

I'm on 79k and Wife is on 30k

And she's the one paying the nursery fees and 60% of your child's maintenance?

Something is really awful for her to feel she needs to move out with your little one. I hope you both get legal advice. The money she paid towards childcare could have gone towards the mortgage instead, just because it didn't get allocated that we doesn't mean she isn't entitled to a share of the joint assets.

*allocated that way

I'm sure she sounds glad to be divorcing from your thoughts here...

Yes she will be entitled to a share of the house and rightly so.

@SpongeBobJudgeyPants

Goodness, I wonder what your wife would say about why she was divorcing you

Well the first part of the op's post was VERY carefully worded: 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

I mean, we don't know why they're separating but the way the op was worded certainly has me questioning the details.

I mean infidelity on either side makes no difference to a settlement but irreconcilable differences is not a legal option for divorce.

The options are:

1. unreasonable behaviour (which could be down to irreconcilable differences as cited in the divorce petition)
2. adultery
3. 2 years separation with mutual agreement
4. 5 years separation - no agreement required.

'irreconcilable differences' is used to cite reasons for unreasonable behaviour and usually (afaik - ianal) needs to be detailed in the petition - often if the petitioner/respondent doesn't want to cite adultery.

So I'm guessing there's more to this than meets the eye?

@Castlepeak

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.

This

Hope she rinses you, OP.

Oh dear...seems he has taken to the hills.. doesnt like the answers!!!

I'm just here because I'm (legitimately) wondering how your child is entitled to 30 hours nursery - I thought that this was only granted to households claiming WTC (I could well be wrong and I'm happy to be corrected) and, as far as I'm aware, you wouldn't be claiming WTC with hour combined income?

@Mintjulia, absolutely spot on.

Op, take the long view here. You don't say how old you are but imagine 30s? If so, you have the opportunity to rebuild your finances.

It is important that your son is housed adequately with his mum. At present you may be hurting and wanting to punish her for leaving but that hurt will disappear.

Be decent about a financial split that allows your son to have a fair standard of living. The reality is your wife is likely to take a career hit as it's very difficult to build a career when you have responsibility for a child.

I know some men who regret how they act when they divorce. An amicable relationship, where you can both be at events for your son, is worth loads... way, way more than money.

Have confidence in your ability to build a good financial future and look to get a fair split.

The fact there is a child will negate the shortish marriage as the child has to be looked after.

I think you're all being a bit mean. When I read the OP's post I read it as he wife has decided to divorce him after 5 years. Even if you're the nicest man in the world, you'd feel hurt, rejected and angry. My first thought would be how much do I stand to lose from the other person's decision. If I was blindsided, I'd also be crap at articulating the situation properly.

All 3 y o get 30 hours

You sound extremely selfish OP.
Give your head a wobble.

Work out the value of both of your assets - house, pension, etc less debts - mortgage, credit cards, car finance etc. Expect to pay 60-70% of what's left to your ex as a guide.

@MilduraS

I think you're all being a bit mean. When I read the OP's post I read it as he wife has decided to divorce him after 5 years. Even if you're the nicest man in the world, you'd feel hurt, rejected and angry. My first thought would be how much do I stand to lose from the other person's decision. If I was blindsided, I'd also be crap at articulating the situation properly.

Read the rest of the post. Belittling his wife's contribution to the marriage. Not supporting the child adequately...

You don't have to be a genius to see that there are many issues under the surface of this marriage and that the wife has very good reasons for ending it.

Of course she's entitled to it. It was bought with money when you were married aka both of your money. Did you not understand what marriage was when you agreed to it? You agreed that what was yours is hers and what's hers is yours. So all of it (savings, house, pension) must now be divided up.

Thanks for the responses, i do appreciate them.
Do pardon how certain things were phrased initially.
I am in my sons life 100% and also a very much hands-on-dad.
I work 12 hour shifts - 4 days ON, 4 days OFF, 4 nights ON, 4 nights OFF.
Particularly when I'm off shift, the current arrangement is i take full care of our son for everything and even the household as well - changing nappies, feeding our son, playing with him, taking him out to the playground, picking and dropping him off at nursery, cooking and cleaning the house as well.
Wife works Tuesdays to Saturdays and her role is demanding enough that she does appreciate my full care of our son when Im off work for 4 days or 4 nights.

Wow. A brave post for MN.

To be honest, and at least in the interim, you should be looking at moving to a rental yourself and allowing your wife and son stay in their home, regardless of what is decided in the divorce process.

OP why has she asked for a divorce?

I do think some people jump a bit fast to conclusions. We know nothing of their situation and speculating is not useful or helpful.

OP, I think you have had as much of an answer to your question as you're likely to here. I do think you should seek legal advice anyway. If you can remain on good terms with your stb xwife, that would be preferable for all involved obviously.

The best way to not foster resentment may be to sell the house and buy/rent separate properties so you all get a clean start anyway. Nothing wrong with renting btw - owning a house is not the be-all end-all of life on this earth...

I'm so glad that your soon to be ex wife is grateful for you to be looking after your son on your days off. Do you reciprocate the feeling when she is off work.
What a tit you are coming across as.
Surely you should be making it a priority that your Ds is cared for but NO money is what you first asked about.

"To be honest, and at least in the interim, you should be looking at moving to a rental yourself and allowing your wife and son stay in their home, regardless of what is decided in the divorce process."

To be fair it's the OP's home too, not just his wife and son's. And nothing preventing them all to keep living in it until the divorce has been settled. If it was me and the divorce was my spouse's decision, I wouldn't want to leave (but I'd be happy for my son to stay home with me and arrange childcare if necessary).