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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.

Is this fair and usual?

12 replies

Deadsouls · 11/07/2017 16:41

Hello, I'm posting to get objective viewpoints.
I will try to be brief.

Ex-DH and I were together for about 9/10 years, married for about 2.5 thereabouts. We were not happy together ex-DH had an affair about 5 months after we got married.
Long story short, we are divorced. He left the family home in 2014.

I bought the family home. As in I put the deposit down, and money came from a contribution from my parents. I paid everything; stamp duty, solicitors etc
I have 2 DCs who live with me. I pay all costs but receive nominal child maintenance as he does not earn much.
Ex-DH wants 25% share of the house, when it comes to sale. However, he chose to leave the family home. Is this the normal state of affairs?
I don't understand how as he didn't put anything into the house, the children live with me, he had the affair and left, how then does he claim entitlement to 25%?

I'd really be interested to hear others' experience or views on this.
Thank you

OP posts:
eyebrowsonfleek · 11/07/2017 16:44

Do you own the house 100% and when you divorced did you have a clean break order?

NotJanine · 11/07/2017 16:44

Starting point is usually 50/50. Doesn't matter if he moved out or had an affair.

You should get professional advice

Deadsouls · 11/07/2017 16:44

Oh I should add that I pay all the upkeep, and am responsible for all repairs etc for the house.

OP posts:
eyebrowsonfleek · 11/07/2017 16:46

The affair only means that he could agree to backdate payment to 25% of the year he left.

Deadsouls · 11/07/2017 16:48

Hmmm I see
No I made a mistake in that I put half the house in his name on the deeds. I know this was very naive of me, but I didn't think we'd split up.

Also I don't believe I have a clean break order. We did online divorce ourselves - minimal input from solicitor or courts etc.

A part of me does not begrudge him, however sometimes I think it seems unfair to me.

OP posts:
Deadsouls · 11/07/2017 16:50

I agree that it will be helpful to get more clarity from a solicitor.
Is just the fact that we were legally married that means he is entitled.
We were married for such a short time!

OP posts:
thethoughtfox · 11/07/2017 18:10

Unless there are special arrangements for a very short marriage, all assets are now jointly owned.

MrsBertBibby · 11/07/2017 19:19

You need to see a solicitor. Eyebrows and Janine are both talking nonsense.

No one can advise you without the whole picture.

NotJanine · 11/07/2017 20:35

Why am I talking nonsense? I said she needs to get professional advice.

babybarrister · 11/07/2017 20:36

This reply has been deleted

Message withdrawn at poster's request.

seventhgonickname · 12/07/2017 11:39

Yep,you need a solicitor.If you put the deeds in his name too then 25%may be a good deal.Were you planning on selling or is he going to try and force a sale?

babybarrister · 12/07/2017 14:32

This reply has been deleted

Message withdrawn at poster's request.

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