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Legal matters

Divorcing but never lived together, will he be entitled to half my property...HELP!

29 replies

Allicando · 04/07/2022 05:55

Hi I am looking for some advice on a non typical divorce. I have been married to stbxh for just over 2 years and together for 5 years, we have never lived together in that time. We chose to not live together (second marriage) until my teens have left home. We both own (mortgaged) our own homes neither of us have ever lived in the others house, land registry for both is in own respective names as is council tax is separate and our mortgages.

I have around 200k equity in mine and he has around 50-70k equity in his (unsure of his exact mortgage amount) I have an NHS final salary pension and he has several pensions but one larger one standing at around 100k lump sum at the minute, I am 45 and him 55.

Things havent been good for some time and I found him on a dating website several weeks ago and despite trying again it is clear we just arent good together and so it is over. He rang me last night and things got very heated (well he basically got heated and did a lot of shouting and hung up on me), then text me telling me he wanted a divorce. When I replied ok he replied "BIG MISTAKE".

My concerns lie around the disparity in our equity in each others property and that he could be legally entitled to half of my equity. As it is not a typical living situation I cannot find much info relating to our set up and how things would be divided. I am praying that he wouldnt really go for half but really need to get some proper advice.

So lovely legal Mumsnetters would anybody be able to shed any light?

Thank you so much

OP posts:
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WhenDovesFly · 04/07/2022 07:03

Wouldn't he be liable for capital gains tax from your property, as it isn't his main residence? Might put him off going for it. Think you need some advice though. After such a short marriage and not living together, be surprised if it went 50:50.

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FishcakesWithTooMuchCoriander · 04/07/2022 07:02

there’s no marital home here. Just two houses bought before the short marriage.

You’re both able to house yourself in exactly the same way you have been doing throughout the relationship. So the ‘needs’ are all met without transferring assets anywhere.

see a solicitor. I would imagine that leaving with what’s yours and him leaving with what’s his is entirely reasonable as a proposal.

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Beamur · 04/07/2022 06:58

Yes, but even so, it was a short marriage, you don't have kids or live together. I'd have thought very unlikely that a court would award him half your equity.
Plus the whole marital 'asset' would presumably be the value of the house not the equity?
Speak to a solicitor for advice.

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Ifailed · 04/07/2022 06:55

When you signed the wedding contract, you agreed that all property, savings, investments, pensions etc became marital property, that's the starting point in England and Wales.

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