Would the house still be divided up?

cleocleo24 · 2022-03-13T19:21:23+00:00

I am thinking it would but just wanted confirmation. If I separated from DH would he still get a claim in the house? It was 100% gifted to me from my parents and in my name owned outright. But DH has paid all bills and mortgage on it for the past 5/ 6 years. He would still get a claim though wouldn't he?

poodlepoop · 13/03/2022 19:29

How has he paid the mortgage if it's owned outright? if the house wasn't ring fenced then the starting point would be 50/50, but it depends on so many variables, you need to see a solicitor.

Original poster

cleocleo24 · 13/03/2022 19:49

How do you mean ring fenced? It was gifted to me by my parents and is in my name. Sorry, we now have a small mortgage as we had an extension. We had to get more though as DH had loads of debt which was going to stop us getting the mortgage. Mortgage in join names. Would the fact we used some to pay some debt count against DH?

OP posts:

millymolls · 13/03/2022 19:51

It’s a marital asset unless you had a pre nup
He has a claim to it
What share is fir debate and negotiation

Bringonsummer19 · 13/03/2022 19:53

Hey, is the mortgage just in your name? It’s unlikely that you could have taken out a mortgage in both your names if not both in the deeds. The starting point is always 50/50 but factors just as inheritance/personal need are looked at

Original poster

cleocleo24 · 13/03/2022 19:53

No Pre-nup. We haven't discussed it, I am just mussing to myself if we did break up. Things aren't great.

OP posts:

Original poster

cleocleo24 · 13/03/2022 19:56

@Bringonsummer19

Hey, is the mortgage just in your name? It’s unlikely that you could have taken out a mortgage in both your names if not both in the deeds. The starting point is always 50/50 but factors just as inheritance/personal need are looked at

Sorry in my name for the mortgage.

Thanks. So if one had inherited but didn't have the same earning potential as was working part time and doing most childcare. Would they have more or less of the share? The house is 4 bed detached so technically big for me and dd to stay here. I guess he could argue that.

OP posts:

Bringonsummer19 · 13/03/2022 20:00

The judge will look at the personal needs of both parties/their income/their future income projections and understand childcare etc. they will also consider inheritance as well.

Feelingoktoday · 13/03/2022 20:00

It’s not going to be 50:50 as it is a short marriage. You need to see a solicitor.

millymolls · 13/03/2022 20:16

Factors for consideration include

Length of marriage and cohabitation
Ages of both parties
Children and ages
Housing needs of both ( to house children) and ability to raise mortgages
Earnings and potential of both parties
Assets available for split

He won’t have to walk away with nothing

Original poster

cleocleo24 · 13/03/2022 20:24

@millymolls

Factors for consideration include

Length of marriage and cohabitation
Ages of both parties
Children and ages
Housing needs of both ( to house children) and ability to raise mortgages
Earnings and potential of both parties
Assets available for split

He won’t have to walk away with nothing

Thanks.

What happens if we separated and sorted it out amongst ourselves without a judge?

It's not a short marriage. We have been married 12 years but rented/travelled first and then got the house about 5 years ago.

OP posts:

millymolls · 13/03/2022 20:37

The consent order needs to be Sealed in court
A judge can, and do, reject them on the grounds of unfairness if they are weighted towards one party - in which case you’ll both be Asked further info and to confirm you’ve both had independent legal advice and understand the implications of what you agree and then it might be ratified.
If the agreement you reach is fair, eg 70:30 etc rather than 99:1% then it would probably go through

millymolls · 13/03/2022 20:38

What’s your proposal for split of assets?

Original poster

cleocleo24 · 13/03/2022 20:42

@millymolls

The consent order needs to be Sealed in court A judge can, and do, reject them on the grounds of unfairness if they are weighted towards one party - in which case you’ll both be Asked further info and to confirm you’ve both had independent legal advice and understand the implications of what you agree and then it might be ratified. If the agreement you reach is fair, eg 70:30 etc rather than 99:1% then it would probably go through

This would be a divorce though, yes? If we were just separated we wouldn't need that?

I haven't proposed anything. dH are trying counselling but I am getting my ducks in a row so to speak just in case.

OP posts:

Original poster

cleocleo24 · 13/03/2022 20:45

So me keeping the house completely and him paying x in CM would be grossly unfair?

I am assuming he can take 50% of my inheritance though which are in shares? Even though he's a high earner and my earning potential is no where near his and I will have the dcs 5/7 days a week.

OP posts:

millymolls · 13/03/2022 21:06

This is why you need legal advice
You keeping 100% after a decade of marriage will be viewed as unfair
But earnings and housing children will be considered so it’s possibly unlikely to be 50:50 split

LemonTT · 14/03/2022 00:17

@cleocleo24

So me keeping the house completely and him paying x in CM would be grossly unfair?

I am assuming he can take 50% of my inheritance though which are in shares? Even though he's a high earner and my earning potential is no where near his and I will have the dcs 5/7 days a week.

Do you own those shares now? If so, they are an asset and will be considered.

comfortablyfrumpy · 14/03/2022 10:09

As above, it's a marital asset.

I do think you need legal advice, it sounds like your situation is not straightforward and good legal advice will be absolutely worth having.

Original poster

cleocleo24 · 14/03/2022 13:13

Yes. I have inherited money from my parents which has been used to pay off the mortgage and the rest has been put into shares. In my name. The house is in both our names. We both have individual pensions too.

OP posts:

NoSquirrels · 14/03/2022 13:19

The shared house
Your pension
His pension
Your savings
His savings & shares

These all ‘count’

Then your needs/earning potentials and children’s needs taken into account.

It’s unlikely to be a simple you get the house he keeps his shares scenario.

Original poster

cleocleo24 · 14/03/2022 13:34

What happens if he's offering to let me have the house as he wants if passed to our dd? If we are separated we can just work that out ourselves? But how could we get this legally signed off so that he can't decide he wants the house after all further down the line.

OP posts:

NothingIsWrong · 14/03/2022 13:39

@cleocleo24

What happens if he's offering to let me have the house as he wants if passed to our dd? If we are separated we can just work that out ourselves? But how could we get this legally signed off so that he can't decide he wants the house after all further down the line.

To 100% make sure he had no claim you would need to get divorced and get the settlement sealed as a clean break.

AbbieLexie · 14/03/2022 13:56

Please see a lawyer asap. This is vital to protect you and your children’s future. My biggest mistake was not following the advice I’m giving you. Long term I’ve paid a very high price. S**t hot lawyer and follow their advice. Ours was amicable because I believed he would do what was morally right. Fool that I was.

Original poster

cleocleo24 · 14/03/2022 13:59

Thanks. From previous things I have read though this may be hard as it will be deemed as unfair if I get the whole house?

Yes- I would not rely on his good will and would get everything in writing. It can quickly go from amicable to not.

OP posts:

millymolls · 14/03/2022 14:30

So what does he get as settlement based in what marital assets you have? Because currently it seems you want ringfence the house and shares to you…. How much is that? What does he get ?