Divorce and property

[koolakookie]

Hi, I've nc for this so it's not linked to my other threads as they could be outing.

I'm looking for some advice please if possible. I do have an appointment with a solicitor, however it's not for over 2 weeks because of my working hours. I'm in Scotland.

I separated from my husband just over 2 years ago, and because of lockdown I wasn't able to move out until about 15 months ago.

We got together 13 years ago and I was still tied in to a previous mortgage with my DCs father. (He had moved out and "allowed" me and our DC to stay in that home, although I always knew I'd walk away from that with nothing. However that's not the issue).

After a few years we decided to move in together, but because of the mortgage i was tied in to at that time, my (future) DH took out a mortgage in his name only. He paid the deposit on the property which was £16k for the £160k mortgage.

Soon after moving in i was taken off the previous mortgage - clean break, all went to my ex (DCs father).

DH and I married once we'd been in the home for 3 years. Up until that point he paid most of the mortgage and bills as my ability to work was limited because of my childcare responsibilities. Shortly after we married i was then able to work full time and we split the mortgage 50/50. This continued for about 5 years and then we separated.

My name was never put on to the mortgage after I got out of my previous mortgage.

So,

• Got together 13 years ago.
• Moved in together 10 years ago.
• Got married 7 years ago.
• Paid mortgage 50/50 from 6 years ago.
• Separated 2 years ago.
• I moved out 1 year ago.

As the mortgage was in his name and he was self employed, he decided to take a mortgage break when Covid hit. He was still on this break when I ended up moving out.

I now have my own mortgage.

Basically what im looking for, is how will this split work property-wise?

There's been a little butting of heads over this and im struggling to find anything online at the moment.

Hopefully I've not missed out anything important as I don't want to drip feed.

TIA for any advice

What is he suggesting? Do you have proof of the mortgage payments you made over the years? Whose name are the deeds of the house in? Find a solicitor ASAP? you have some rights to the house as you were married at some point but to how much percentage of it can only be decided by a judge after a lengthy legal battle if you disagree.

Thanks grandmacat

I transferred money each month in to a joint account for bills, but it was always a lump sum to cover bills too. So it was never broken down in to what was for the mortgage, council tax etc.

He had said I'd be entitled only to what I put in, but as this can't be proven it's making it difficult.

He wants to stay in the house and he had no plans on selling.

He's asked if id take monthly instalments once things are settled.

I'm really not sure how this works. I took a little advice from my solicitor last year when I was buying my current home, and was told to figure out the costs of our joint belongings (ie furniture), however I'm not interested in any of that. I walked away from the home with nothing and bought absolutely everything myself for my new home, right down to the tea towels, cutlery etc. I really only took personal belongings for my DC and myself, and their beds (which I paid for in full myself).

But as I said, I don't want to get in to the nitty gritty of splitting the cost of sofas, appliances etc.

He keeps asking me for a figure, but id prefer it to be sorted legally and properly.

I've got an appointment with my solicitor but not for a couple of weeks.

The starting point is that everything is owned by both of you regardless of names on deeds or mortgages as you are married (including pensions). There is then horse trading on what was acquired before marriage (may include relationship prior to marriage) and what everybody needs and a split figure is come to.
Do get legal advice and do get a clean break financial agreement.
Your ExH is in for a shock, be prepared it may get unpleasant.

You really should wait to speak to your solicitor

But when I divorced starting point was 50:50 of equity in the house - as it's a shared marital assert whoever's name it is in-

You also have DCs living with you most of the time?
It goes upwards from 50:50
But also whatever property you've bought is same and included as would be considered shared marital asset

Thank you lonecatwithkitten

The impression i was under (from very brief conversation with my solicitor over a year ago) was that because the house was purchased as a family home, it counts from then.

He tells me he has taken legal advice (not officially, from a friend who i know is a family lawyer) and that it counts only from the date we married, as my name was never added to the deeds.

I'm not interested in going after the £16k deposit purely because I know things will really get ugly. I'm only interested in my share once the £16k is deducted.

I have no idea at the moment what the house is valued at, and it's difficult to gauge because the houses in the street are all different. (Some have 2 bedrooms, some have 3. Some have loft conversions, some with conservatories, some have front gardens and others have driveways).

I know I probably come across as quite dumb here, and probably very naive for moving in to a home unmarried and without my name on the deeds. Believe me, im kicking myself

Scots Law is different from English law you really need a solicitor to advise here. Marital assets are those acquired during the marriage. The house was acquired before, unless I’m reading what you’ve said incorrectly. Most advice you’ll get here will be based on people’s experience of English law.

So you've bought your own property since the split, but while you're still married?

I think that may have been a bad move. It could now be included as part of the marital assets. When a friend was selling his home the buyer had to wait a while until his divorce was finalised before exchanging on the property. I've heard it mentioned elsewhere too, so it wasn't the buyer spinning a yarn to delay the process.

I think that is the issue that jumps out at me the most.

Scotland? No idea then, sorry.

Whereismumhiding3 thank you.

The children are his step children.

I know I should wait, however this has been keeping me awake at night and my appointment isn't until over 2 weeks away. I'll certainly not take everything advised on here as gospel. I suppose im really looking for a little hand hold while going through this. I know I've posted in Legal and not Relationships but this is also quite a wrench I loved my DH but unfortunately it didn't work out for various reasons. We don't share children but we share responsibilities for pets therefore we are still in face to face contact for the foreseeable future. I don't want things to be less than civil

Thanks both

God. I'm hoping that my solicitor would have mentioned this way back when I was buying my current home, and it's not been an oversight

Do you have joint kids and how old are the kids from the previous marriage?

In England, so this may be irrelevant, my daughter never had her name on deeds or mortgage. She registered her home rights with the land registry and eventually got 70% of the equity.

The time living together, but not married was taken into account. They had small children and she was a sahm.

I know that my current home is valued at more than the marital home.

God now I'm panicking. I didn't want to rent as I didn't want more than one house move for the DC.

@koolakookie

Thanks both

God. I'm hoping that my solicitor would have mentioned this way back when I was buying my current home, and it's not been an oversight

It may well be different in Scotland so don't panic yet.

Putting all the issues to 1 side I suspect it will be easier and a hell of a lot cheaper to walk away. You were only married a short time. The kids aren’t his. He won’t have to pay any spousal support. The house was his before you married and you have since brought a house of your own. If you went after him for any share of his house he could and probably would the same for your new house……at least part of the deposit you put down on it.

By all means explore things with a solicitor but if takes anything more than a few letters I would walk away. The costs won’t be worth it in the grand scheme of things.

Nyxs no joint kids. My DC are older teens 19 and 17.

Knittingaddict thank you. It's quite difficult to find anything online regarding Scots law. Everything is quite vague, although I do appreciate this is because everyone's situation is unique with lots of different factors, so difficult to generalise.

I think since your kids aren't his and older, its unlikely you will get more based on kids.

Especially, since you are providing them with a home already. You can house them.

I think you need to look into what the house is worth, minus deposit. Look at the risk of your own home being pulled into it. Then make a decision about wethwr it's worth pursuing or not.

W*B205020
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Thank you, i think you might be right.

It just feels like a bit of a kick in the teeth. I put so much in to that property and made it a home for us all. He would've let it fall in to disrepair and he also neglected our belongings at times. Trying to come up with makeshift solutions, but I pushed for repairs and upgrades. So many deep cleans, so much time spent selecting and framing photos. And all the rest.

I know none of this will be taken in to consideration, but it just galls me that I walk away from this with nothing. I put so much in to our marriage and especially towards the end, but he wasn't willing to play his part (functioning alcoholic). But again I know that none of this matters.

Thanks all for your advice

I think there is enough in different variables and it being Scottish law, that you are better to give yourself a mental shake, stop trying to second guess and wait till your talk with solicitor

I think replies on here are making you more anxious , as really it's unlikely anyone in here is has been in exact same position as you, to be able to say what happened for them

You can look up Zoopla valuation of your old marital home . It's been fairly accurate when I've looked at Zoopla valuation and then what houses were advertised on market for in Rightmove

Assuming the house is the only asset, how much are you talking about?

The equity is going to be tens of thousands. The dispute is about whether your interest is from 10 years or six years. Then it would 50:50. The actual value of the dispute may not be worth a legal fight financially or emotionally.

At the end of the day you put money into the home but got benefit. For at least 4 years you lived rent free and so did your children at your ex’s cost.

The think is that, if you bought your new house before you got the marriage dissolved, there is a good chance he can claim the equity you have in your current house as part as the family pot that needs splitting.

L*emonTT
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We didn't live there rent free for 4 years. After many conversations it was decided that we would split the mortgage and bills based on our earnings, percentage style.

Hello - is this helpful?

Matrimonial property and splitting it:
In Scotland the concept of matrimonial property is crucial. The assets which are to be divided on divorce are only those which are “matrimonial”. This means assets acquired by either spouse during the marriage, and before the date of separation, other than by way of inheritance or gift. So, anything which was owned pre-marriage, inherited during the marriage or acquired after separation is simply excluded from the pot of assets to be divided. This is different from the position in England where the couple’s assets are all considered to be relevant to the overall settlement.
Scottish law presumes that a 50/50 split of the matrimonial property will be fair. That’s always the starting point and equal division will only be departed from in special circumstances.

Thank you trulyconfused

How much is he offering you?

In theory 50% of the increase in value since you married would be "reasonable" if you ask for that and say you think that equates to £x see what he comes back and offers you?

To walk away with not much but something is better than nothing.