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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.

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Original poster

Is my flat classed as a marital asset

57 replies

Scampi89 · 12/05/2022 15:58

Before I met my husband, I bought a flat which I lived in. At no time was this our marital home. After we got married, I rented it out and I have been solely responsible for covering mortgage payments, maintenance charges, ground rent etc. it is still rented out and any income comes to me, although because I was in negative equity for a while, I haven’t really made much money from
the rent.
14 years later, we are now getting divorced. Husband wants 50% of our current family home (house). Today I suggested this might not be the case as the kids will be living with me so I might get more. He sort of implied he’s doing me a favour by not asking for any of the flat.
I thought he wasn’t entitled to any of that anyway as it’s mine, he’s never lived there nor been responsible for any of its costs.

who is right?

OP posts:

DrMarciaFieldstone · 07/12/2022 16:47

Scampi89 · 12/05/2022 16:21

Yes I will get legal advice, I just wanted to know if I was right or wrong.
So he could be entitled to half of a property that he hasn’t spent a single penny on, never lived in, and is in my name only?

Yes, in the same way that a SAHM who isn’t on the mortgage and never worked would be entitled to half or more of a family
home.

You can seek legal advice, but basically it all goes in the pot, as PP have said

DrMarciaFieldstone · 07/12/2022 16:50

Zombie thread?

EL0ISE · 07/12/2022 16:53

SheWoreYellow · 12/05/2022 17:14

You're not in Scotland are you? I’m fairly sure it would be not a marital asset in Scotland.

yes that’s correct

TheFormidableMrsC · 07/12/2022 16:54

This exact scenario happened to my friend, indeed you may be her OP!

The court recognised that the flat in question was a pre marital asset and ex didn't get any of it. What did happen though is that for her to keep the marital home for her and the children, she had to sell the flat to finance that. She would have ended up with an unmanageable mortgage otherwise. It is not always the case that a pre marital asset is included in the marital pot.

CombatBarbie · 07/12/2022 17:27

SheWoreYellow · 12/05/2022 17:14

You're not in Scotland are you? I’m fairly sure it would be not a marital asset in Scotland.

Very correct..... Scotland very much favours that you leave with what you arrived with plus any marital asset split.

Randomperson99 · 07/12/2022 18:21

CombatBarbie · 07/12/2022 17:27

Very correct..... Scotland very much favours that you leave with what you arrived with plus any marital asset split.

Show quote history

Which obviously makes way more sense and is in line with the rest of the world.

Newlifestartingatlast · 16/12/2022 10:51

NarcissasMumintheDoghouse · 12/05/2022 17:21

My understanding (from a friend's situation) is that assets accrued before marriage aren't counted as marital assets on divorce. But you flat may have accrued value since you married, and so he might have a call on the increase. But please see a solicitor, rather than relying on MNetters, who don't know your precise circumstances.

Not in England it isn’t.
in Scotland it’s different
in England there are rare exception for instance in case of very short marriages , or in effect annulments . But this is rare
the forms used for legal financial declarations (form E and D81)are very clear on definitions and that includes all property irrespective of who owned it, purchased it or inherited it.

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