Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Stuck with splitting equity

3 replies

AnonAmos · 07/07/2023 11:39

Hi all,
I have just started divorce proceedings and my future ex husband says he wants me to remortgage the house so that I can give him half the equity for his future life.

I have briefly spoken to a solicitor for advice because:

  1. The mortgage and house is solely in my name and I have always paid the mortgage and bills and everything else. OH has paid for things sporadically but not a regular contribution (often nothing).
  1. Due to affordabilty (I basically have nothing left at the end of every month, due to his lack of contribution) do not qualify for a remortgage- I have tried before and was turned down, and even if I was accepted I know I can't afford the extra repayments.
  1. I do not want to sell the house because its the children's home and they need to be close to school etc.

The solicitor told me that as its just my name on the mortgage he can't force me to sell or remortgage- and that if he wants to push it, he could ask for a financial order as part of the divorce.
Is this correct?? I always thought that spouses always had the right to half of everything- which he clearly does think so too.

I do want to be fair and want him to have something- but I know for a fact that he has lump sums of money in various places- and that I am still paying off a loan of £15000 which he has invested the money from. Does this mean he has already had £30,000 more than me? i.e i took out the loan for him. He took the money and I am paying back the loan (don't ask!).. I know over the years that I have been financially and emotionally abused- but am waking up to that now and my stupidity!

The equity in the house is substantial- around £120000 but its locked in...what would you suggest??

Ps- he is playing the victim so I tend to end up feeling sorry for him, but I am really determined to stick with it this time and see this divorce through..he is still living in the house with me and our 2 children.😒

OP posts:
millymollymoomoo · 07/07/2023 17:18

The house is a marital asset regardless of it being in your sole name and you laying majority of it

he can make a financial claim yes

how the assets will be split will depend on many factors including but not limited to

your ages
earnings and earning capacity
ages of children
child arrangements
lentgh of marriage
needs

its not automatic 50:50
its fair share - which could be more or less than 50%

AnonAmos · 07/07/2023 17:22

Thank you @millymollymoomoo . Is it right that he would have to apply for a financial order to pursue this though? Or should that be me that does that?

OP posts:
millymollymoomoo · 07/07/2023 22:33

He can pursue that
however, as part of your divorce you should seek a clean break consent order / and as part of this assets have to be split. During this process you can agree between yourselves or failing to do so will end up in court

New posts on this thread. Refresh page