Is he entitled to my house

[Poppalina37]

Hi there,

Wondering if anyone has experience of this.

First husband died, mortgage paid in full.

Second husband.... married 10 years- he has always earned more than me, paid for luxury holidays, maintained the house well etc.

We are talking about divorcing....

Is he entitled to half my house? Although I owned it before we met?

Am I screwed??

Just after some wisdom... before I seek legal advice...

Has he got a good pension?

Yes he’s entitled to a fair share of joint marital assets of which the house is one

its a fairly long marriage

might not be 50:50 but it’s definitely in the pot for division

what other assets are there ? Pensions? Savings?

Well...yes because it was your asset and then you became married so it has become a marital asset of this marriage.

So all assets will go in a pot, house investments pensions etc and divided accordingly,

I would say yes he is. You're married and it's a marital asset. Did he own property or anything when you got married?

He’s not necessarily entitled to half but if you can’t come to an amicable agreement about splitting things then a judge might award him a portion of it. It depends on what other marital assets there are (each of your pensions, for example).

Which UK country are you in as in Scotland, I believe, only assets accrued throughout the marriage are classed as matrimonial, and therefore available to split.

It’s a marital asset and in the pot for being split. He has been paying towards the maintenance too so will be seen to have invested in the property.

You'll be entitled to some of his pension also.

Gather you didn't ring-fence your property in anyway prior to getting married?

Before you speak to solicitor, I'd prep answers to things like:

• How much value the property gained over the 10 years of marriage
• Whether your ex gained from interest/increased equity in another way during that period (e.g. did he sell and invest proceeds, or rent out his own property)
• approximately how much has he spent on home improvements or maintenance?

But yes generally, it's only fair the property is considered as marital assets - but so is everything else like his savings, ISA, pension and so on

Why is everyone assuming OP doesn’t have savings or a pension? All savings, investments and pensions go into the pot.

Did he have property/savings? They'd be in the pot too.

He has a claim... 10 yrs is a long marriage.

What other assets are there in the marriage? Savings? Pensions? Etc

He has no property, does have a pension... as do I. We have an expensive car - which I bought - but is in name.

Not entirely sure what savings he has.... I have a lot of expensive jewellery and a lot of his money, I believe, is hidden in his very expensive Rolex collection.

He has two older children 17 & 22. He claims cohersive control because I've never welcomed them into our life. One of which has been hospitalised recently. We've split because he wanted/went to see her.

He's always claimed that he's been fine without seeing them. They don't like me. Neither does their mother. He can't be trusted with them or their mum. There mum still wants him, I'm sure of it!

You split because he wanted to see his own daughter?

I would say, that if you tried to stop him seeing his own children, that actually is coercive control

Oh behave. Is this a reverse? Are you the daughter?

Well done him!! So has he missed 10 years of his children's lives? That's so sad.
You do sound very controlling

He’s entitled to a fair share, not necessarily half.

You can’t exactly have it both ways.

Well done him ? If he has in fact missed the last 10 years of his children's lives then he's a sorry excuse for a father.

Doesn't mean OP has not behaved wrongly. But so has the husband.

If so, absolutely awful of you. Why refuse 2 young children in his life?

Well done for finally making the effort to see his kids...didn't mean it made him father of the year but atleast it's a step

Not that I'm:planning a divorce, but if a spouse has a lot of expensive personal possessions, such as his Rolex watches, do these count as marital assets?
Might some of them have to be handed over or sold?

Wow so he's not seen his youngest since she was about 6, she's in hospital and you're talking about divorce because he wants to see her?

Shame on you both.

Quite the drip feed, he has stayed away from his kids since they were 7 & 12, you're divorcing due to his DD being in hospital and you don't want him to visit her?
Christ on a bike!