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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.

Advice on how not to be ripped off again

11 replies

GingersMammy · 06/08/2017 09:11

I really need some advice...

17 years ago I was a single mum of a 2 year old, had my own small 2 bed maisonette and job, no maintenance coming in but was scraping by.

Met a guy who seemed he might just be my knight in shining armour but was "a little bit down on his luck" however he assured me it was a temporary situation and things would be "so much better together".

To cut a long story short, he was and still is very fond of the pub and basically he moved in very quickly as he had nowhere else to go at that time, didn't have a penny to his name and I fell for the spin that "things would get better".

He got back to his self employed construction work but only ever really worked 50% of the time, I worked full time and ran round like a headless chicken doing 100% of all the domestic duties whilst he held court in the pub. He would give me "all his money" as he put it and I was responsible for managing all matters financial, so he might give me £500 one week but would have £30 cash back daily during the week for cigs, beer, travel fares, lunch etc. Then £50 per day on the weekends, so that's £250 he has had back in one week, then there might not be any work for a few weeks but her still want the "daily allowance" for cigs/pub etc. So do the maths, he was living free and had me giving him money! If I dared complain i would be told "shhh things will get better".

There were numerous rows over the years due to money, he would get extremely drunk, come home be verbally abusive, smash things in the house, claim to be so sorry the next day for his behaviour. Always blamed my ex because it made him so angry that the ex never paid maintenance and was ripping me off (like he wasn't!). He hated "living in the ex's house " even tho it was my home, always had been but.... and here comes the biggest regret of my life... "If we bought somewhere of our own everything would be fantastic for us".

Stupidly, I went along with this idea that "in our own house" he would stop drinking, the rows would stop, his erectile dysfunction would be cured (yeah you got it right, I wasn't even getting any bedroom action), he would work harder because he'd have a reason to. I wouldn't need to call the police anymore to stop the abuse. Yes, you've guessed it we bought a house, using my place as a deposit and 14 years on NOTHING CHANGED!

Over the years I have taken out an injunction to allow me peaceful occupation of my own home, had him arrested and charged with battery, he got probation.

Over the years the advice I've been given is "he is legally entitled to 50% of the property since his name is on it".

My issue is it will be over my dead body that I sell my home and give him 160,000 to waste in the pub and tobbaconist when he didn't bring a penny to the party at the outset, nor has he put anything substantial in, he rarely does any DIY or housework, my daughter hates him and had moved out because of him.

So..... I need to end this awful situation I'm living in now, where we co-exist in the same house (not bedrooms), to the outside world people think we are a normal functioning couple but that's far from the truth. The truth is he doesn't have the same energy to argue and fight, lately he has taken to home drinking and this week has got through about 150 units of alcohol, he has paid in £1200 into the house (to include food) since 1st April when it should be £200 per week. He refuses to leave, stating "things will get better". (That old chestnut once again)

Has anyone got any experience of a partner who legally owned 50% of a property but morally didn't and suggestions of how to get out of this without throwing good money after bad? Would a court be on my side given the background?

That was the short version, believe me I could make your hair curl with the full version!

OP posts:
NotSuchASmugMarriedNow1 · 06/08/2017 13:25

He is legally entitled to 50% of the property and the courts aren't usually interested in people's behaviour leading up to the divorce

ExConstance · 07/08/2017 10:12

What on earth possessed you to let him have a 50% stake when his behaviour dates back to so early in the relationship? There is no doubt about it, you can't carry on living with him. What is more important, having the house or being able to lead a happy life?

GingersMammy · 07/08/2017 12:22

Been in the house 15 years, majority of the bad behaviour was once we were in. Agree I shouldn't have let it go on so long and fell for his lies early doors. I do believe that my happiness is now the most important thing and am looking for financial damage limitation at this stage

OP posts:
Racmactac · 07/08/2017 12:25

Have you married him?

GingersMammy · 07/08/2017 12:56

No thankfully not married so at least my occupational pensions are safe.

OP posts:
ExConstance · 07/08/2017 13:23

If you are still subsiding him financially you would be better off from a money point of view to split up. Could you acess part of your lump sum early to buy him out? Or perhaps you could downsize - might be worth it to see the back of him.

GingersMammy · 07/08/2017 13:42

I think I will be downsizing, I was hoping to find someone who could let me know if they'd had a similar experience of how a court would view and rule on a situation where someone was legally entitled to 50% but because they hadn't paid in to the investment how a split would be calculated

OP posts:
NotSuchASmugMarriedNow1 · 07/08/2017 14:14

You've taken legal advice which told you that he is entitled to 50% share of the property and I believe this to be true and don't understand why you don't believe this to be the case here. I've never heard of anyone getting less than half because they didn't make a financial contribution, because how on earth would you evidence that anyway?

GingersMammy · 07/08/2017 15:44

Payments into the house account only being made by one person, namely me!

OP posts:
ExConstance · 08/08/2017 09:37

Yes, (former solicitor here) if you put the asset in joint names the ownership would be 50/50. You decided when you purchased that was what you wanted to do and followed through with the transaction. Did the solicitor who dealt with the purchase advise you on going forward on any other basis or the pitfalls? If he died his share would not go to you unless he has made a will to that effect, it would devolve with the remainder of his estate, to his relations.

Sometimes there is a technical point you can take on cases like this but the risk is then that the costs will be more than the value of the asset and that you might end up having to pay his costs too. If your mind continues unsettled on this point and you can afford it why not ask your solicitor to get counsels opinion?

Racmactac · 08/08/2017 09:41

The legal position is as you have already been advised. The land registry reflects the legal ownership of the property and that is 50:50 regardless of who had contributed what.
If you were married then they maybe some arguments there but sorry it's 50:50

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