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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

STBXH wants half my inheritance to leave house

38 replies

coffeecuppa · 29/01/2017 19:04

We're getting a divorce - not started the paperwork yet but that's tomorrow's job - initiated by me.

Over the years I have paid for everything 'big' and he has contributed 50% to standard, day-to-day living expenses. For example I paid for our wedding. I bought the car. I bought furniture. I pay for the car insurance in a yearly lump sum. I paid off his debts (£2k).

I also paid 100% of the deposit on our house from an inheritance trust; over £110k. We've only been married 2.5 years, bought the house 1.5 years ago. I also paid all the solicitor fees and stamp duty.

H says he can't leave the house until he gets some money. He's asking for 50% of the equity, which in total is my deposit plus about 10k that we've paid off/house has increased in value.

I saw a solicitor on Thursday who said that inheritance is 'protected' and not put into the 'marriage pot', but that this isn't strictly enforceable by law. But basically, solicitor said he shouldn't expect anywhere near the amount he is asking for. I've offered him £5k, which he has turned down. He's still in the family home and says he won't leave until he gets the money.

What do I do? Can anyone tell me more about whether my inheritance is protected or whether in buying the house as joint owners my 'right' to that money has gone? He is saying that he is entitled to it and we will have to sell the house. My DS (16 months) and I will be unable to get another mortgage as I currently have a very sporadic freelance job.

Very scared Sad

OP posts:
zippey · 30/01/2017 07:47

Have you asked him what he thinks is a fair amount given what each person has contributed in the relationship? He might say a sensible figure between 5-20k

ErrolTheDragon · 30/01/2017 08:12

Equitable split does not mean equal split - it means 'fair'. Just to clarify that minor point in case your STBX has the same linguistic confusion as some posters.

picklemepopcorn · 30/01/2017 08:18

IT sounds as though the problem isn't really about how to split the money, so much as how to get him out of the house.
Follow lowers advice about sorting assets, but ask lawyer to investigate how to get him out short of paying him large sums.

Pay him, but take the value off his final settlement?

Blu · 30/01/2017 08:42

I am not an expert nor even experienced, but just wanted to say good luck, and don't panic.

And don't have any independent discussions with him about it. Just talk it through with your solicitor.

At the very least you will be entitled to a larger share if you will be housing your child.

coffeecuppa · 30/01/2017 10:52

Thank you everyone. He has now said that DS and I should leave the house. Bastard.

He's seeing a solicitor himself today so I'll have to wait and see what he says.

OP posts:
Blu · 30/01/2017 11:05

Don't discuss with him, don't get in an argument with him - and definitely do not leave the house. Stay calm, just keep saying 'we'll have to see how it all works out' and 'that is something to discuss with my / your solicitor'. Stay calm.

Talk to your solicitor.

Start gathering all the evidence / paperwork of your inheritance, your old bank statements showing what you paid etc. The statement from the conveyancing solicitor and your bank statement that shows you paid the stamp duty etc.

He is trying to bully you.

It doesn't work like that.

Don't be scared.

Get your evidence, let your solicitor lay out the facts.

Bluntness100 · 30/01/2017 11:10

Ffs, what a grabby shit. Do not leave the house. Under any circumstances. Start the divorce immediately. Don't discuss with him any more other than he has to leave and you are starting the divorce. Your solicitor will talk to his solicitor.

Expect him to come back with all manor of bullshit about what he's due. Not because it's true, but because he just wants as much as he can get. Have communications on it via uour solicitors, i.e. They can communicate with each other, not you and him. Just start to disengage and let th solicitors handle it. Have your solicitor make a formal offer to his.

BoringUsername17 · 30/01/2017 11:18

Yes, dint get in an argument with him, insist on it going through solicitors.

my STBXH is similarly trying to bully me over finances. It's turned really nasty and it sounds like yours could go the same way if you try to reason with him.

Fidelia · 30/01/2017 11:55

This reply has been deleted

Message withdrawn at poster's request.

Gallavich · 30/01/2017 12:28

He's delusional!

Thattimeofyearagain · 30/01/2017 12:33

He cannot force your dc out of his home. IIRC he cannot force a sale until dc are aged 16. He's a grabby cunt.

Dowser · 01/02/2017 16:26

Our 30 year marriage didn't end with 50:50 split . It was 28 :72

coffeecuppa · 01/02/2017 16:50

Thanks Dowser, it's helpful to hear that. I'm waiting now until I receive something from his solicitor. Dread to think what it might be!

OP posts:
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