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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.

Help please. He wants his money back.

92 replies

Badgertime · 26/10/2024 16:13

Separated in 2015 with 3 children. I left the family home. He stayed in it. He sold last year as he couldn't afford to pay his mortgage so I let him lodge at ours.
He sold for 450K and I think there was around 100K mortgage left. He gave me 40K to give back to my mum (I'd borrowed from her to get my place for the kids) and 40K to put in savings.
He took the rest for himself along with the proceeds of another house he sold a few years ago (his before we married but had during).
I've just started divorce proceedings and asked him to find his own place on advice of solicitor but he's said he can't leave until he gets his money back. He would have had around 220 K left at least in cash.
I left with nothing 2015 and he was on a good income. He gave up work a few years ago to do trading online.
He's been living here with me working full time and paying all the bills (including his). He does give some money for the kids monthly but I've nothing to fall back on if I give him back the money.
My net income is 1700 pcm even though I work f/t.
He gave up his job in 2017/18 to day trade from home and that's what he's been doing since and has been for the last year. I have no idea what his finances are now.

Do I give him back some/ all of the money for him to move out or wait for a financial order later on?
He seems to think I should give everything back to him but obviously, some of that money is no longer available.

I'm trying not to rack up bills with the solicitor but he's adamant now he wants it back in order to move out.

I know I made a huge mistake not divorcing years ago ( I didn't have the money or the backbone).
I know I made a huge mistake letting him back thinking he could have changed and we'd be better off as a family.

I tried mediation some years ago but he pulled out the day before.

OP posts:
Badgertime · 27/10/2024 16:45

GeorgeTheFirst · 27/10/2024 16:40

I'm a family lawyer. Absolutely don't give him any money until you have legal advice.

And don't bother with a paid McKenzie friend. Use a solicitor. If you can't afford for them to do everything, talk to them about which parts you can do yourself to keep costs down.

Oh, that's interesting. Thank you. I saw them recommended on FB and thought it would keep costs down.
She did give me lots of info on keeping costs down and some info on resolution.

I will try to do as much as I can on my own and use the solicitor for the financial part.

OP posts:
Badgertime · 28/10/2024 10:44

Georgethefirst, my solicitor replied with the same. Not to give any until full financial disclosure.

OP posts:
caramac04 · 28/10/2024 10:47

I wouldn’t give him a penny. I’d probably be thinking of having a new patio.

Badgertime · 28/10/2024 11:05

caramac04 · 28/10/2024 10:47

I wouldn’t give him a penny. I’d probably be thinking of having a new patio.

Some of it will be going on legal fees and the divorce if not all.

😑

OP posts:
caramac04 · 28/10/2024 18:10

@Badgertime not if he’s under the patio (lighthearted)

Hoppinggreen · 28/10/2024 18:14

Badgertime · 26/10/2024 18:42

I am only communicating via email as she advised (even though he is staying downstairs!).

Why the heck is he staying with you?

SauviGone · 28/10/2024 18:44

Hoppinggreen · 28/10/2024 18:14

Why the heck is he staying with you?

Because she’s paying for everything, including his bills.

Badgertime · 28/10/2024 18:56

caramac04 · 28/10/2024 18:10

@Badgertime not if he’s under the patio (lighthearted)

No comment 😆

OP posts:
Badgertime · 28/10/2024 18:57

SauviGone · 28/10/2024 18:44

Because she’s paying for everything, including his bills.

He had nowhere to go as he couldn't pay his mortgage last year. He'd run out of money so sold the house.

OP posts:
ThatTealViewer · 28/10/2024 19:25

Badgertime · 28/10/2024 18:57

He had nowhere to go as he couldn't pay his mortgage last year. He'd run out of money so sold the house.

But why did you let him move in with you? How did that happen? That’s what people are asking.

Badgertime · 28/10/2024 19:30

I've explained further up thread.

Basically, it was a big mistake. I felt sorry for him I guess. He was full of big plans of getting a new job, car, starting all over, helping with the kids and none of that has materialised. He's not even bothered trying to find a job.

OP posts:
StormingNorman · 28/10/2024 19:39

Delphiniumandlupins · 26/10/2024 17:10

I hope you did repay the loan to your mother and that is now safe from any claim from him.

Wouldn’t it have legally been a gift from OP’s mum to get the mortgage? If it was, that money isn’t necessarily safe.

A good solicitor is needed @Badgertime.

RissiOne · 28/10/2024 19:43

You need legal advise, depending on how long you were married for, not being in your name may not mean your not entitled to anything as it could be deemed an asset of the marriage. I think it’s 5 years married? But a solicitor can advise

justasmalltownmum · 28/10/2024 19:47

Don't give him anything. He doesn't have any money to his name. Get him out.

Badgertime · 28/10/2024 19:56

RissiOne · 28/10/2024 19:43

You need legal advise, depending on how long you were married for, not being in your name may not mean your not entitled to anything as it could be deemed an asset of the marriage. I think it’s 5 years married? But a solicitor can advise

We've been married 15 years but lived separately for several of those.

OP posts:
YellowphantGrey · 28/10/2024 19:58

RissiOne · 28/10/2024 19:43

You need legal advise, depending on how long you were married for, not being in your name may not mean your not entitled to anything as it could be deemed an asset of the marriage. I think it’s 5 years married? But a solicitor can advise

Would that mean that the OPs current house that she has bought be considered a marital asset as they aren't divorced?

Badgertime · 28/10/2024 20:01

YellowphantGrey · 28/10/2024 19:58

Would that mean that the OPs current house that she has bought be considered a marital asset as they aren't divorced?

I would imagine so. I own 25% and this is why I'm worried in case he has no money left from the sale of the family home. He won't tell me if he has any if the proceeds left.

OP posts:
YellowphantGrey · 28/10/2024 20:07

Badgertime · 28/10/2024 20:01

I would imagine so. I own 25% and this is why I'm worried in case he has no money left from the sale of the family home. He won't tell me if he has any if the proceeds left.

It's so unfair isn't it? Can you prove you were separated and lived separately?

Hoppinggreen · 28/10/2024 20:08

Badgertime · 28/10/2024 18:57

He had nowhere to go as he couldn't pay his mortgage last year. He'd run out of money so sold the house.

But thats not your problem

PaminaMozart · 28/10/2024 20:08

Earlier you said you had consulted with a solicitor. What is their assessment of the situation - what are they advising?

Onthesideofthespiders · 28/10/2024 20:12

If he has spent the rest of the money then it’s gone. The home was sold while you were still married and if the money is spent then it’s spent and you won’t get a financial order for any more because there isn’t anything left to split.

Do not give him a penny. You should have had 50% of the sale money. Instead, you took the 80K and let him live with you for free while you pay for everything. He has no right to that money and he absolutely cannot force you. He is a lodger in your home so he also has no right there. Give him a one week notice and on moving day, pack his stuff, put it outside and change the locks. There is nothing he can do.

And put in a child maintenance claim if you haven’t. Just grow a backbone.

Badgertime · 28/10/2024 20:13

PaminaMozart · 28/10/2024 20:08

Earlier you said you had consulted with a solicitor. What is their assessment of the situation - what are they advising?

Yes, I did. She replied today and said not to give him any money until a full financial disclosure.

OP posts:
PaminaMozart · 28/10/2024 20:15

Well yes, obviously - but what is the plan, does she see a way to salvage part of the proceeds - what can you realistically expect to happen?

Codlingmoths · 28/10/2024 20:19

‘Here is the date you need to move out by. I won’t be paying you to go, I am owed from the house sale still and I look after our children every day.’

Bobbybobbins · 29/10/2024 07:51

The very definition of a cocklodger