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.

It sounds like you’ve found an amazing solicitor who says your entitled to a lot of money so why on earth would you not use her or him?

it would not be fair to him at all !

needs basis comes into long marriages, with children. Not your scenario at sll

@H90 your solicitor is talking out of his arse. he has identified you as someone he cab fleece with legal fees. you had a short marriage. if you go to court you won't even get 50k! and what ever you pay will be erased in legal fees

Yeah as stated he has put the initial deposit into the property. I have also spent on shopping and house expenses during the course of our relationship. Since he has left the property he has continued to pay the mortgage but I have taken responsibility of the council tax and bills. It’s already difficult for me to pay for all this plus save for a deposit, so my only way now will be to go through courts.

I suspect you misunderstood your solicitor.
50% of anything accrued during the marriage would be reasonable. Not 50% of all equity.

The usual principle in a short marriage, with no children, is that both parties are returned to the state in which they joined the marriage.

I would talk with another solicitor, make sure you understand the answers. You may be far better off accepting his offer rather than wasting tens of thousands on legal fees.

also if you were in my shoes you would understand how it feels thinking I might be left homeless.

Since when is being offered 50k being "left homeless" 🙄

Well, your solicitor seems to have your solution in the palm of their hands-good luck with getting all that money you are so clearly going to get.

I've just reread. You want him to pay back 50K to his parents which he borrowed for the deposit and you should get the 25K while he keeps the debt?

I'm leaning towards the 'no one is this dim' direction.

You will waste anything you might get in legal fees. You might even owe more in fees than they award you. You are paying your own bills and council tax because you’re living there! You say you don’t earn much so your contribution during the marriage can’t have been much, not compared to him paying the mortgage and bills!

Thank you all for your responses and I appreciate all your replies. I’m not being greedy in this, it’s literally my entitlement being a 50% joint owner on the property with a large equity. I will contact another solicitor for advice tomorrow and see what they have to say.

How did you manage to get to early 30’s living at home and not have savings?

I’m not being greedy in this

You very much are.

You are not listening snd understanding your ‘entitlement’ at all in a divorce.

And you 100% ARE being greedy and grabby and selfish

Sorry, you deserve what you paid into the house.
You have been offered more than that and now you’re being extremely greedy. But feel free to employ an expensive lawyer who may well get you more of what you’re demanding, but they’ll take a fair amount of that payout to cover their fees! That’s why they’re telling you that you could get 50%. They can see the income it will generate for them!
‘Move back to your mums before you’re landed with a hefty mortgage debt.

Where did you find this solicitor and how much time have you spent with him? Was this an initial appointment and have you paid him/her anything for advice?

'I refused this as it would only be around £50,000.'

considering you only earn around £15,000 p.a. - that's 3 years wages for 1.5 years marriage !

but...' I am asking for 60% equity which would be around £160,000. '

WOW !!!

' I think it’s my right to get what I deserve '

I am so pleased he can afford a good solicitor !!!

How do you plan on paying for the solicitor if you have no savings? If it goes to court you will probably end up paying whatever equity you get awarded in legal fees

has he paid his parents back the money he borrowed for the deposit yet surely they should be paid back once the property is sold

I’m with the other posters - when I read this kind of post I assume it’s just trolling because you can’t be serious?!
You may be entitled to 50% of the raise in equity - eg the equity minus his deposit and contributions. Minus sale costs and your legal fees. What’s left? Your housing needs were previously met by your parents - I think the assumption will be that you will be expected to house yourself in the same way any independent adult earning 15k does in this country. House share? Rented room. Living with family?
There isn’t a black and white entitlement in divorce - that’s why these forums exist - it’s what is fair and reasonable under the circumstances - chances are you will be expected to return to your pre-marital state.

They are a solicitor firm based in London, Enfield. I don’t think I should mention the firms name on this forum but I have been dealing with them for several months trying to negotiate. This is how we got to the offers mentioned previosuly. It’s getting to a stage where I’m finding it difficult to fund this now, hence I am thinking whether to self represent or stick with this solicitor. Either way I am going to have to find a way to fight this.

From what I'm aware, a judge will look at the equity of the property from the time you were together till you separated. So if the property had 100k equity when you first got it and now 150k, they will minus the mortgage, then 50%50% remaining amount. Anything hes given you and can prove will count towards your equity amount.
You won't get 50% of the house over all but will get something. His deal isn't too bad.

And you 100% ARE being greedy and grabby and selfish

Her DH has multiple properties so has wealth - she’s not going after half her homes, his income or his pension. Just half the asset they purchased together and lived together legally as man and wife.

He knew what he was doing - that’s on him.

You’re going to really wish you’d taken the 20k when you had the chance.

She's not asking for half though, she's asking for 60% before the loan is repaid to his parents, so he only gets 40% - 50k

So basically she wants to get substantially more after paying in substantially less

Her DH has multiple properties so has wealth - she’s not going after half her homes, his income or his pension. Just half the asset they purchased together and lived together legally as man and wife.

Given that her H paid the large deposit and is the only one who has paid the mortgage I think the definition of purchasing the asset "together" is being stretched there. Also, they lived there as man and wife for 18 months and in total for what looks from the OP's posts like barely three years.