Separation- splitting the finances

[Figroller]

Hi, I've recently discovered my dh was having an affair and wanting to separate.

The house we live in is in mine and my mums name only. When we bought he had to sign a document at the solicitors to say although he is living in the house he has no claim to it.

That was 15 years ago, he has always contributed half towards all bills.

Would he still have a 50/50 claim on the house because we are married? And would he be entitled to half of my pension etc.? Is everything always split?

Cant sleep because its all going round in my head and wondering if anyone has any advice?

Was that signed before your marriage? Is your Mum still alive and was ownership 50:50 between you and your Mum?

It was signed after we were married, yes mum is still alive and it is 50/50. The house is mine though, mum just came on the mortgage with me because I couldn't get one on my own. Dh wasn't eligible for mortgage because of his immigration status.

But is the house shared on the deeds with your Mum?

Also do you have children and if so who is the primary carer?

Yes it is shared on the deeds with me and mum. Yes we have children and I am the primary carer.

If he has a claim it would only be on the 50% of the house in your name. Starting point is 50:50 of all marital assets but usually the resident parent can gain a larger share as part of a clean break agreement and the courts will want to see the DC adequately housed.

Do you know if he assets in his home country, any pension at all?

You obviously need legal advice and ask around for recommendations of a shit hot lawyer.

He has a house back home, he's only just bought it in the last couple of years. He has a pension through work too. Im not interested in any of these.

He's said he will go if I give him say 10k. I would really like to stay in the house. Obviously we would have to have a legal document drawn up but just weighing up my options at the minute.

If you get his finances disclosed he may have to pay you a settlement fee!

How much equity is there in the home you live in... a lot could depend on his pension value.

Does he intend to move countries and therefore not have to pay child maintenance? Not many countries have reciprocal arrangements.

The house isn’t yours. You need to get out of that mentality. You are married so everything is shared. Nobody can tell you what the terms of your divorce will be, but it won’t be as simply as “the house is yours”

Thanks for replies. Not much equity in the house. When I said its mine I meant my mum just came with me on the mortgage to help me get one.

He will stl be in the UK. His pensions not great, he's not been paying in as long as me.

I know i need to take legal advice. Will look into this.

Your share of the equity in the house will go into the pot to be divided between you along with all the other assets, both yours and his. He may get 50% or he may get more or less than that depending on a range of factors.

The document he signed may be a post-nuptial agreement. The current approach to such agreements is that the courts will implement them provided they are freely entered into by both parties with a full understanding of the consequences. That means he should have received independent legal advice and there should have been full disclosure of assets. Even if that happened, the courts can ignore an agreement if it is unfair in the current circumstances.

You need to see a solicitor.

Yes I think it was an occupiers consent form.

So if my mum has never contributed financially would he be entitled to half of the house not just half of my half?

It sounds like your mother's involvement was simply to allow you to get a mortgage and she has no financial interest in the house (i.e. she won't get anything when the house is sold). The house is therefore yours, as you have said earlier, regardless of the fact that she is on the mortgage. That doesn't necessarily mean he would be entitled to half of it. As I said previously, how much he is entitled to depends on a range of factors. It isn't as simple as a 50/50 split. He may get more or less than 50%. But the equity in the house (i.e. the amount by which its value exceeds the mortgage) will go into the pot to be divided between you.

The equity in the house he owns will also go into the pot, as will his pension. I know you say you are not interested in these things but you should be. You don't have to take them but they will allow you to retain a larger share of the house than you would otherwise get. Indeed, it is possible they will mean you don't have to give him anything.

Thanks for the advice, I really never thought of it that way.

I really need to consider all options. I don't want to get screwed over and suffer financially because of his behaviour.