Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Divorce/separation

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

Flip

Original poster

Divorce, joint tenants, house split, 50/50?

19 replies

Girl1 · 21/02/2019 16:27

Please help. When I got married 25 years ago my husband had a house he had owned for 2 years. We used equity from that house as well as joint savings to buy second house.
Now we are divorcing he is saying that he should get the equity from his original house subtracted, also he has always earned more than me and says he should have a greater share of the house value after we sell. Is this right? We have no mortgage and are joint tenants of our house. We moved twice during the marriage and been joints tenants since we married. No kids.

OP posts:

eatingtomuch · 21/02/2019 16:36

I'm not legally qualified but I would have thought after 25 years it would be a 50/50 split. I don't think earnings have anything to do with it.

If you seek legal advice you will have to declare all savings and pensions. It might be that you are entitled to 50/50 on the house and some pension share.

In your situation I'd seek legal advice.

eatingtomuch · 21/02/2019 16:37

Or you might get a higher split of the house if you leave his pension.

Quartz2208 · 21/02/2019 16:39

No he isn’t joint tenants means equal ownership

Get legal advice I have a feeling you will need it

Original poster

Girl1 · 21/02/2019 17:18

He is saying that although its called joint tenancy it does not necessarily mean that after a property is sold the two people should get 50/50

OP posts:

ourkidmolly · 21/02/2019 17:59

Get legal advice asap. You are entitled to half the house from what you have said here.

TheHodgeoftheHedge · 21/02/2019 18:06

Please don’t listen to randoms on the internet who do not have legal expertise. Please go and get professional legal advice ASAP.

Quartz2208 · 21/02/2019 18:17

Joint tenancy means equal rights in the property. That is what it means (tenants in common is where it does not)

But of course a divorce settlement agreed could change that but would involve other assets and agreement.

But it does prove he is willing to lie to you to get more legal advice asap

AllTheGlitter · 24/02/2019 14:54

I am a conveyancer - joint tenants means you get 50:50. He should have done tenants in common or/& got a trust deed if he wanted his money protecting.

millymollymoomoo · 24/02/2019 19:25

Joint tenants does not equal 50:50 when divorcing. It means you both have equal claim

Who gets what final split will depend on a variety of factors. Could be more could be less. You have a right to a fair share and after 25 years of marriage that will count for a lot but you must seek legal advice and consider all available assets and liabilities

Original poster

Girl1 · 25/02/2019 18:51

He is now in the process of changing it to Tenants in Common, which I understand he has a right to do even without my consent. Will it make difference to the 50:50 share?

OP posts:

AllTheGlitter · 25/02/2019 20:16

@girl1 I believe he will need to serve a notice of severance on you. To be honest I think you should get your own legal advice. I do not practise divorce law so can’t advise anything to do with it. Get in contact with a solicitor, they’ll be able to help you, good luck

Quartz2208 · 25/02/2019 20:20

Get proper legal advice OP

millymollymoomoo · 25/02/2019 20:33

Not sure he can do that without your consent as you both have to sign to severe the current arrangement. Also even by holding it as 50:50 the court can award a higher share to one party
You need proper legal advice op

oneill80 · 01/03/2019 16:07

Joint tenants or tenants in common is how the land registery records the legal title, not ownership. If a property is owned jointly,you both own the whole (it can't be divided). So either you consent to a sale, or it doesn't go on the market. If joint ownership is ch nged to tenants in common (he doesnt need your permission), ownership is changed to shares. You both own 50%. It means he can sell his share without your permission.

The fact he earned more than you is neither here nor there. However, if he added more to the original purchase price, he might be able to claim a beneficial interest of mroe than 50%. But possibly not if you have moved since purchaseing that house. The court might say that the last house you bought was purchased with matrimonial assets, rather than personal income. They might not. I would try and reach an agreement. The only winners will be the lawyers and court fees.

wakeupsmelltheroses · 01/03/2019 17:26

What happens say if one person has ownership but the other person put 1/3 of the deposit ,but contributed nothing after this, and lived rent free for 16 years whilst the owner paid the interest only mortgage every month all this time by themselves ?

oneill80 · 01/03/2019 18:01

That would create a resulting trust. You hold the legal estate on behalf of you both. If they paid 1/3 of the purchase price, they would be entitled to 1/3 of its current value, unless you can evidence a common intention to the contrary.

Contributing nothing to the mortgage or living rent free is besides the point. That happened after the agreement to purchase the property.

wakeupsmelltheroses · 01/03/2019 18:12

This person who did the 1/3 deposit has entered into a deed of trust and is now claiming a 78% share . The property has £200,000 outstanding mortgage from £300,000 purchase price . Now worth £600,000. What is their share expected to be ?This deed was entered into with the intention to hid this asset in a divorce . Can this be reversed?

trendingorange · 02/03/2019 21:45

"If joint ownership is changed to tenants in common (he doesnt need your permission)"

This is the opposite to what a solicitor told me & my mum a couple of years ago....maybe my solicitor was wrong but I don't know how qualified Oneil is?

oneill80 · 02/03/2019 22:28

A Deed of Trust sets out the relative shares of each party. Presumably they have severed joint ownership and is now claiming an unequal share? If they paid 1/3 of the purchase price that is all they get (1/3 of the net value). What is their claim to the rest? Presumably you haven't agreed to it.

Flip