Ex seeking 45% of house despite no mortgage contributions after separation

[Minnienc]

It was a short marriage—4 years and 9 months—with no kids. My ex moved out about 4 years ago and never asked for support. I was the main contributor—my ex never paid a cent of the mortgage, and I have proof. Now, at 61, I cannot work due to severe depression. Despite this, she's asking for 45% of the house, though he never contributed financially. I have an FDR hearing in a month. Has anyone encountered a similar situation, or have insight on how this may be viewed? Thanks in advance!

I think from what I understand in a short marriage they view it as both parties leave with what they entered the relationship with. I don’t know if that is from the date of marriage or when the relationship started. Assuming you are female and he is male Did he move into you property or did you buy a new one? How was that funded? How were mortgage, bills and expenses paid (tax, utilities and food) or other significant finial benefits he provided to offset you paying a mortgage - eg did he replace a bathroom or pay for exotic holidays. Do you have children from another ralationship?

Sorry she is female I can see that now

OP uses both he and she so it’s not clear

I have no children, she has 2 from other relationships (they are adults now). I bought the house before marriage with the equity of a house I sold, so the mortgage is on my name only. She lived there for the duration of the marriage, her contributions were minimal, around 250 pounds for the bills only, which did not cover not even a quarter of them. She never paid for anyyhing, not even a sunday lunch.

You've got a much stronger case. Is your ex adequately housed n9w. They can look at this but more so when there are children involved.

You need to set out your needs very clearly and have medical evidence to hand and show who papaid what.

Id be very shocked if it was split 45/55 from what you've said. Will you have legal representation?

I will have a barrister and a solicitor. She moved out and rented a house, now at 61 she wants to buy one. I have all my medicsl records. I am affraid they will make me sell the house.

It's really not about your medical records. It's about 1. You both having adequate housing. They can't make you homeless to give her a pay out when she has a house.

1. You need to show she didn't pay in. So you need the evidence of the deposit coming from you. The mortgage payments coming from you. The statements of the bills and her contributions showing she was minimally contributing only to consumables, gas water electricity WiFi TV council tax. If what she paid you didn't cover more than half of the bills then you can show she hasn't paid into the house.

Remember it's the length of the relationship that matters, not just the length of the marriage. How long were you together?

7 years but we only lived together after marriage

What are your solicitors advising

you should demonstrate and focus on

no joint children
no sacrifice to careers or earnings due to marriage / child raising on her behalf
assets each of you brought to the marriage
financial contributions to the marriage and pay separation
Her ability to house herself adequately post separation
you may well have to offer something but I’d be fighting hard against 45%

What would you like the financial split to look like?

You say she moved out 4 years ago. Are you still married?

Yes, she moved out. First saying that he was doing for her son who needed her. We are still married.

How long did she live with you? If you’ve been married for 4 years and 9 months, am I correct in saying she only lived with you for 9 months?

Making a general point, I have seen it suggested - by a woman solicitor that the law - in England and Wales as its different in Scotland should be changed so that assets that pre date the marriage should not be part of the financial settlement unless they are needed for dependant children

What are your solicitor and barrister saying regarding the split of assets? Surely, they’re the best ones to ask.

That would be FAIR, my ex's solicitor is using that word. It is not fair that what I build all my life can be taken away because she wants the 45%.

I will have the meeting with the Barrister next week. My lawyer is trying but I think she does not understand that selling my house is an option. I can offer 30k as maximum. She keeps mentioning that the judge could make me sell the house.

She has been living with me only what the marriage lasted.

I see it like this, but my lawyer keeps saying that they will not accept my offer of 35k.

Wouldn’t they of been living together 4 years and 9 months because OP said they lived together for the length of the marriage

If that’s the case, but they’re still married despite her moving out 4 years ago, it would mean they have actually been legally married for over 8 years.

Courts would look at it as a medium term marriage, even if it is 8 years that’s not classed as a long marriage. They would look at what each person brought to the marriage rather than going straight for 50/50 like a long term marriage

Courts would look at it as a medium term marriage, even if it is 8 years that’s not classed as a long marriage. They would look at what each person brought to the marriage rather than going straight for 50/50 like a long term marriage
That's incorrect. 50/50 as a starting point is any marriage that is not a short term one. Short term is marriage + cohabitation under 5 years. It's not completely black and white though. There are circumstances where 50/50 would apply for a shorter term and vice versa.

In OP's case, they will be considered to have been married 8 years, so the starting point will be 50/50 irrelevant of who brought what in. Anything over or under 50/50 will be mainly based on needs, including primarily housing needs. Income and income potential will then comes into it.

OP should have filed for a financial order as soon as they separated.

I mean file for divorce and then for a financial order as soon after the conditional order was granted.