Help with Law/article/act regarding divorce/loan before marriage

[mimi54]

Can someone help me please as I am going in unrepresented now due to lawyer costs (the other party has always been unrepresented)

Main issue is:

We married in 1990. Divorced in 2012. No financial order was made as none of us had money between us, he has always been claiming benefits and not working. I have worked to upkeep the rent and our children who are now adults.

I received a unsecured loan from family in 2015 in which I bought a property few months later whilst still divorced.

I remarried same person (I know big mistake) in 2016 just under a year after loan and lived in the house for 2 years till he was removed by non-molestation and occupation order.

We are now going through ancillary relief before the divorce finalises and he is wanting 50% of my property. He has not contributed to the upkeep of it whatsoever whilst we were married/living in it.

I was told by different lawyers that the starting point is 50% and he may get it as he is disabled, on benefits and is old. I am unable to work now to my health and have reached retirement age.

My whole case is that the loan I received to purchase the house fully was granted and purchased whilst I was divorced, the marriage was under 3 years and he did not contribute to the upkeep of house (bills all came out of my bank)

question: Does anybody know under what law/article/act I can find information about divorce finances if there is a loan included? I tried to check on gov but can't find a specific act/article/law I can reference in the court hearing..

Also, under what act does it mention 50/50 split?

Get half an hour free consultation with a divorce solicitor

I've tried that with different ones, all said 'at the end of the day it is down to the judge what he decides' I just want clear facts on the law and in which article

There are no clear facts on the 50/50 divorce split. As numerous solicitors have already advised you, it depends which judge you get on the day.

Oh.. is there any facts/laws regarding loan before marriage ? should it be included in current divorce finances or not

I'm not an expert, but I have some experience on this matter.

What are the repayment terms of the loan? What documentation do you have about it?

How much equity is in the house once the loan is repaid.

In answer to your final question, the act is section 25a of the Matrimonial Causes Act. It sounds like he does have interest in the property, but you've got to work out to what extent and whether contributions are relevant in this case.

Massive grey areas.

No consent order first time so could take time together from 1990.
Who brought what and when normally doesn't matter in a long marriage but does on a short one.
Obviously your circumstances are unusual, most people don't remarry the same guy.
So there is no hard fast rule. Just get your information together and show the money was a gift and didn't break any other rules like avoiding inheritance tax or anything.

@Truimph,

the repayment condition of the loan is on demand they can request in writing the money be returned to lender. I have the official loan agreement that was done at a lawyers office.

Once loan is paid equity left in loan is about 50k.

@Otter71

Would it only be considered a short marriage we were previous divorced and have only been remarried for 2 years and now going through a divorce?

Was the loan declared when you used it to buy the property. Or did you say it was a gift?

I had accessed the money from the loan agreement before the purchase of the house and I deed is my name only if this is what you meant.

I would focus on the fact that you worked and paid the repayments and he contributed nothing to the household

I’d class it as a short marriage.

God please don’t go there again.