Short marriage no children divorce

[H90]

Hello,

Sorry for reaching out on here but I am in a bit of a situation and wanted some guidance if possible.

I was in a short marriage around 1 and a half years and my husband decided to file for divorce. We have no children involved. He has since moved out of the property and I am the only person living in it. I am a low earner so he is still paying for the full mortgage payments.

He has multiple property’s bought a long time before we were married. We bought one family home prior to our wedding which we both lived in (for around 20months). We bought the property in joint names and the mortgage is joint also. He paid a large deposit of £110k whilst I did not pay anything towards it.

His income is reasonable of around 50k per year and mine is around 15k per year but I have some health issues where I need time off work and not really much of a mortgage capacity to help me house myself in the future.

What is the best solution for me? Currently I am asking for 60% of the equity in the property which would be around £160k, which would help me with my housing needs for the future. He is not accepting this and has now filed for court.

[AnneLovesGilbert]

You need to get a lawyer.

[ByUmberViewer]

When you offered him 60% did he not counter offer? He just said no and filed for a court hearing?

[H90]

@ByUmberViewer

When you offered him 60% did he not counter offer? He just said no and filed for a court hearing?

I did not offer him 60% equity. I am asking for 60% equity myself. He is suggesting that he takes his initial deposit back of £110,000 and we split the remaining at a 30/70 split in his favour as he has always contributed everything. I refused this as it would only be around £50,000.

The equity in the property is around £270,000. Even though I have not contributed towards it, I am asking for 60% equity which would be around £160,000. This would help me with my future housing needs in buying a 1 bedroom flat.

[TeaKitten]

Have you spoken to a lawyer yet? You really need one OP.

[Scarletttulips]

If he didn’t protect his deposit then it’s shared, the courts look at a starting point of 50/50 however his deposit maybe taken into consideration. As a low earner apply for aid to help with layer costs - they are worth the effort

[ByUmberViewer]

I think the courts decision would be more in line with your husbands proposal than yours, sorry.

[H90]

Thank you so much for all the responses so far..

I have spoken to a solicitor, and they said the same I will be entitled to 50% of the equity at least and maybe more because of my low income, but they also said because of his large deposit he can fight for that. The solicitor fees are sky high, and on my wage I cannot afford them currently.

We are still young at mid 30s. My issue is with his offer of around 50k, I cannot afford to buy my own property. Whereas he has enough funds to buy something else. To be fair he offered me £20,000 initially which I rejected.

Just reading online and many sources also say the courts try and put you back in your original position before marriage, and some say they will split the martial assets 50/50. My name is on the property luckily, but he does not wish to give me 50% of the equity which would be around £135,000, he thinks that’s too much to give away. He originally took a £50,000 loan from his parents for the deposit also and hasn’t protected any of his deposit or his parents contribution.

[RedHelenB]

It's a very short marriage and you're young enough to get a better paying job. I'd think 50% of equity minus his parents loan would be fairest. Mostly you don't gain from such a short marriage and things are put back to hoe they were before

[FeckOffNowLads]

You’re only unhappy because you won’t get enough for what you want. He clearly contributed way more. You’re being grabby.

[gohomeroger1]

I agree with PPs your husband's offer is fair. You may not be able to buy a property with it but its a lot more than you had before the marriage, and there are no children, loss of earnings due to maternity to take into consideration.

[MyGooseisTotallyLoose]

Where did you live before you met him? You can't surely think you can get all that after such a short marriage?

[millymollymoomoo]

For such a short marriage with no children you’re likely to be put facing to the state before you married, taking back what you put in

tbh you are taking the absolute piss

[Tetchypants]

Hand on heart I don’t think I could fleece anyone like that though I suppose it depends on why he’s divorcing you. I certainly don’t think you should have any claim to the £50k his parents contributed and I think asking for half is pretty cheeky. Have you worked out how much you’ve contributed to the house / contents?

[bellsbuss]

You should take what he is offering , it's a fair offer

[surew]

You been married less than 2 years.
No children
You didn't contribute to buying your home.
Why on earth do you think you are entitled to £160k?
Your name might be on the deeds but morally you should just walk away.

[underthemilky]

Where were you living before you got married.

Why do you feel you should walk away gaining and he walk away losing?

[DonaldDuc]

I would quickly accept his 20k offer

[Charlingspont]

Take his offer before this goes to court. You won't come out of that very well; particularly unpleasant of you if you go after his parents' money too.

[Overthebow]

I don’t understand why you think you should be entitled to that much money? It was a very short marriage and you haven’t contributed much at all.

[dimllaishebiaith]

So you have earnt 22.5k during that time and put forward no deposit but you want 160k back?

50k is generous you are basically doubling your money

[Jonathan70]

I think things would return to their pre marriage situation as it has been so short. What would you have been doing a few years ago re housing, etc or if you’d never got married?
Generally, things are split 50/50 or in the financially weaker parties favour after a long marriage where both parties have made a contribution which can include raising a family etc. This situation isn’t that.
Morally, I would walk away with what I brought to the marriage and work on improving my own circumstances independently. If I were him, I’d stop paying the mortgage and get a good solicitor.

[DanceMumTaxi]

I genuinely don’t understand why you think you’d be entitled to so much. Dh gets his deposit back, you split any equity. And that’s quite generous considering you didn’t contribute to paying the mortgage.

[BloodyAdultDC]

Not a chance you'll get more than half of any increase in equity over the 2 years plus maybe some 'go away' money. Generally after a very short marriage like yours with no dc you will walk away with what you brought.

You could try for more but the legal costs will be astronomical.

[H90]

@underthemilky

Where were you living before you got married.

Why do you feel you should walk away gaining and he walk away losing?

I was living at my parents house. Then moved into the family home once we got married.

I am legally entitled to at least 50% of the equity of the house though, and my solicitor has also confirmed this. I feel like he just left me for no reason, and now I will suffer as I don’t earn much and have no where to go. Morally, I think it’s my right to get what I deserve, and I should be able to house myself once this financial resolution is over.

I need to go through the courts, as he won’t accept my offer of 50-60% equity of the property. I’m sure the courts will see my health, earning capacity and housing needs, so I surely will be entitled at least 50% of the equity. Why should I settle for less?

[Namechange25793]

Walking away with £50k in your situation would be amazing - definitely agree to that and avoid court