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%.

STBXW does aim to portray she is the primary carer hence why she has chosen to pay mainly for childcare. My salary definitely can cover all our expenses but because she is in full time employment I expect her to contribute towards something at least of which she has chosen expenses mainly for our son, particularly his nursery costs which works out around £200 a month

What you do or don’t do is immaterial. It sounds like your wife is the primary carer for your ds. You will be expected to pay CM which is a set amount.

A judge isn’t interested in whether you take your child to the park or how great or terrible a husband you were. It is purely financial.

@CandyLeBonBon most cases woman’s career has taken a back seat is what I meant. I said most because some woman do raise children and keep a high flying career

The court will probably award you both equal care of your son if that is what is occurring now. From her point of view this will probably work out better for work anyway. You pay no child maintenance to her then. Spousal maintenance is quite rare nowadays and is short term until she establishes her own life. The house is 50/50 regardless who paid the deposit, mortgage etc, as you were married. Her paying childcare fees is also irrelevant. Who paid what doesn't matter, it's all 50/50

@Shouldbedoing

All 3 y o get 30 hours

Not where I live (UK), my 3 Yr old got 15 nursery hours per week

3yos only get 30 hours if both parents work (close to) FT.

Your attitude towards childcare and the house are probably why she is divorcing you. You aren't a Saint for "helping". You should be doing it anyway.

[quote Smallkeys]@CandyLeBonBon most cases woman’s career has taken a back seat is what I meant. I said most because some woman do raise children and keep a high flying career[/quote]
Gotchys! 👍🏻

Oops, mine was a typo. I meant to write 15 hrs
Sorry

@Greyjoy

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.

She appreciates your full involvement because she has a full on job??

You mean that you are doing something special looking after your ds? It’s not a normal part of being a father so your stbexW isgrateful for your involvement…..

Err…. OK…..

Are you also deeply grateful to your DW that she is fully involved with your ds so you can work shifts (which will obviously be more lucrative)? Or do you consider that ‘normal’?

@Wearywithteens

“I don't think it's necessary to come down hard on the OP's character. Aspects of their phrasing make me think that English may not be their first language, and I wonder if misconceptions about entitlement to assets might emanate from being familiar with a different system in a different country.”

No excuse. Op’s priorities were very apparent from the start. Not to do the right thing. Not parental rights for his son. But deprive his wife of any claim on ‘his’ house. Cultural differences don’t disguise integrity.

I’m not BRITISH. When I married my British husband, the first thing I did was to understand what the legal implications were. Because yes it’s different than my own country. I also talked to him on what we would do financially etc…

The fact the OP says his DW wanted to pay for childcare to be seen as the primary carer tells me he knows quite well how the system works.

Eg in my home country, the default position is 50/50. There is ‘no primary carer’ stuff going on. It is expected fathers will step up.