Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Property split in divorce

2 replies

EmeraldEagle · 06/12/2019 18:10

I've finally come to the conclusion that my husband and I need to separate, we own a house together (no children) and he has said he wants the house and is going to fight me for it. I also want to stay in the house as I've put a lot more into it than he has, I paid the full deposit, for most of the furniture and for a new kitchen. We have split bills 50/50 but I have bank statements proving that I have solely paid for pretty much everything else. I can afford the bills on my own if I cut back, there is no way he can. I have savings, he doesn't.
Is it likely the court will force us to sell if we can't agree? What do we do in the meantime as neither of us are moving out?

OP posts:
MarieG10 · 06/12/2019 18:31

Well if you don't agree then I guess they could force you to sell. However, the reality is that unless you are loaded, the legal fees to fight it would break you and probably swallow all of the equity.

I suppose you could move out and just refuse to do anything which means he is maintaining a house which you don't lay for and gain from the equity increase....I don't think he would wear this fr long

I know of a friend that did it as they didn't agree the finances of the split. They didn't have kids so he moved out but refused to answer any emails or letters at all. In the end she just gave up as the legal fees and service etc would have broken her.

I keep saying on MN...the advice good meaning people give is see a shit hot lawyer. However, shit hot lawyers charge shit hot prices that often leave you with nothing when they have finished so you might have satisfaction but fuck all else left!

LemonTT · 08/12/2019 12:34

You both need to understand your legal position in relation to the marital finances. All of your assets, savings, pensions and debts can and will be included in the negotiations to reach a financial settlement. A further factor will be the length of time you were living together and married as a couple. The lack of children makes things less complicated. Money you saved and spent on the house will be included in the settlement.

When you are both clearer about what kind of settlement is likely you will know if either or neither of you can afford to keep the house. If he can’t, he can’t. It’s better for him to let you have it and to take the cash. If neither of you can afford, just sell and don’t waste money on lawyers. If both of you can afford, then you can spend money fighting for it or negotiate who gets it.

Showing you have a strong attachment to the house, gives him leverage. He can push you for a better settlement. He may not really care about keeping the house but knowing you do, means he can push you on that point.

New posts on this thread. Refresh page
Swipe left for the next trending thread