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Quick 'potential divorce' question

6 replies

Tabitha005 · 11/03/2019 19:49

OK, so I know there's nothing 'quick' about 'divorce questions', really! I'll try to be succinct;

My cousin recently found out his wife has been having an affair for the past few months and she has left the marital home.

There are no children involved. His wife has only ever done random 'cash in hand' work and has not contributed financially to the running of the household. My cousin pays the mortgage, and all domestic costs.

His wife is not in the deeds to the house, but a little while ago, they drew up a legal agreement - which was notarised - agreeing she was entitled to half the proceeds of the sale of the house were they to split.

Two questions;

  • even considering adultery and desertion, I'm guessing that legal document still entitles her to 50% of the proceeds from the sale of the house, and;
  • can a spouse who is not named on the deeds force the sale of a property?

My cousin is taking legal advice, but is determined not to instigate any proceedings, but sit and wait for his wife to start making her demands.
OP posts:
goldengummybear · 11/03/2019 19:56

Where do they live?

Singlenotsingle · 11/03/2019 19:57

If they're married, then regardless of whose name is on the deeds, she will be entitled to a share. It's not a case of forcing a sale. It's a case of paying her, and he might be able to do that by remortgaging or maybe he's got savings? Whether she gets 50% will depend on the legality/enforceability of the document that they signed.

Tabitha005 · 11/03/2019 20:11

They live in England.

I suspected it would essentially come down to whether they could find a settlement amicably, with him giving her a lump sum or, alternatively, the matter going to court if they can't agree and it being a 50/50 starting point, with both sides arguing their case for more than that - with the judge making the ultimate decision.

I hadn't considered the enforceability of the document they drew up and signed - and my cousin is just assuming it's fully enforceable and his wife is automatically going to swan off into the sunset with half of everything he owns.

I find it astounding that when one half of a couple has contributed nothing financially, and there are no children involved, they may still be entitled to half of all the marital assets - but then I'm strictly a 'what's mine is mine' woman and always have been!

OP posts:
Namechangeforthiscancershit · 11/03/2019 20:15

How long have they been married?

Tabitha005 · 11/03/2019 20:18

Just shy of thirteen years.

OP posts:
TwoRoundabouts · 11/03/2019 23:01

OP marriage is a partnership and if you have been married over 10 years then everything is shared. I've had a few acquaintances if both sexes who found this out to their cost.

If you don't want to give someone half if you split from that partnership then don't marry them.

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