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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.

I don't know where to start!

8 replies

madonna7 · 21/05/2023 13:40

Been married 4 years, it was a big mistake, but we are where we are. We don't have kids.

We have a mortgage on our house, joint tenants. He wants us to stay living together as housemates because it suits him financially. I don't! This is where the problems come in.

We have a mortgage of approx £150k, house is worth about £370k (when compared to similar houses in area).

Can anyone advise on my options - would I have to go to court to force him to sell?

Unfortunately I don't think I would be able to buy him out. I earn £30k, have about £50k in savings but it wouldn't be enough would it? I have no idea what I could afford to buy alone.

He earns £80k but he wouldn't want to do the easy thing and buy me out.

As we don't have kids I think the divorce settlement would just be 50:50 from the house proceeds but it's getting to that point!

Any advice appreciated.

OP posts:
Retire50 · 21/05/2023 13:43

You can get a court order to force a sale. See a solicitor. My friends ex changed his mind sharpish when he realized he was going to be liable for her fees.

millymollymoomoo · 21/05/2023 13:56

With short marriage an no kids likely to be put back to what you brought into the marriage

what does that look like ?

madonna7 · 21/05/2023 14:17

millymollymoomoo · 21/05/2023 13:56

With short marriage an no kids likely to be put back to what you brought into the marriage

what does that look like ?

All we have is the house, which we own jointly. We have about equal savings to each other so I don't think that will be an issue.

OP posts:
millymollymoomoo · 21/05/2023 15:14

Yes but who contributed what to the house?
one put in bugger deposit etc?
might so could be argued to return equity in those %

Freefall212 · 21/05/2023 15:18

Did you contrinute equally to the deposit / down payment and have you each been paying 50% of all house related bills and expenses? Since you have 200K of equity in the house in a short marriage, it must have been a good size down payment. Did you bring equal financial assets into the marriage?

If you so he will have to sell and you will get your 40% out of it. ON a 30k salary, you can't buy him out of a 370K home.

madonna7 · 21/05/2023 15:31

millymollymoomoo · 21/05/2023 15:14

Yes but who contributed what to the house?
one put in bugger deposit etc?
might so could be argued to return equity in those %

It was about equal, we just gave the deposit as one sum and we are down as joint tenants.

OP posts:
madonna7 · 21/05/2023 15:33

Freefall212 · 21/05/2023 15:18

Did you contrinute equally to the deposit / down payment and have you each been paying 50% of all house related bills and expenses? Since you have 200K of equity in the house in a short marriage, it must have been a good size down payment. Did you bring equal financial assets into the marriage?

If you so he will have to sell and you will get your 40% out of it. ON a 30k salary, you can't buy him out of a 370K home.

We had a £105k deposit, bought 4.5 years ago. The house has increased in value since then, so I believe it's now worth £375k (purchased for £325k).

Contributions more or less equal, we didn't do the breakdown, but legally we are joint tenants of the property.

OP posts:
millymollymoomoo · 21/05/2023 15:34

Ok

well
if you’re both agreeing to 50:50 share of equity then

either you have to buy him out ( if possible in your salary and savings)
he has to buy you out
you sell

if he won’t agree those then ultimately it would be agreed in court which will cost money to get it to that stage

have you both agreed to split assets 50:50?

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