Divorce: Can I ringfence property equity?

[Maysurvive]

Re-posting from 'property'.

ExH left due to DA nearly 3 years ago. Long story short, I didn't recognise the DA at the time and we bought a flat for him to live in whilst we 'sorted things out'. We didn't have the money so extended the mortgage on the family house to cover 100% of the purchase price and used the cash to buy the flat. He agreed to pay the extra mortgage repayment each month as it was cheaper than renting somewhere. Big mistake, I know, but that's where I am.

At that point he hadn't made any contribution to the children (x2) or the house. He started paying £400 a month towards the mortgage but still no child maintenance so I was advised to deduct the child maintenance and use the rest towards the mortgage. Paperwork exercise only as obviously it made no difference to me how the money was allocated. He kept this up for just over a year and then last September suddenly decided he no longer needed to pay the mortgage and would just pay £215 child support instead.

We are now embroiled in a court case to get a financial order issued and he has some ridiculous ideas as to how things should be divided which ultimately leave me with less than 50% assets, all the debt and the children (who are now 16 and 18, and, yes, of course he's stopped paying anything towards the 18yo). To give you an idea of what I'm fighting, once our eldest turned 18, he argued that I no longer needed a 3 bedroom house because she's now an adult! I'll just chuck her out on the street then shall I and stop paying for her transport to college etc etc etc? Consequently we have been unable to agree outside of court.

My question is, as he has contributed nothing towards the house in the last 3 years, can I ringfence the increase in equity since he left and keep that amount out of the division calculation? I have had a second bathroom installed, replaced some double glazing and generally maintained the house. If I hadn't managed each month to pay the mortgage then we wouldn't have the house and, arguably, the flat. I can't afford anymore legal help - already in debt there. On income, I qualify for Legal Aid but the 2nd property exempts me and because I'm paying out so much for the mortgage, I don't have the spare cash like he does. Any help gratefully received!

can I ringfence the increase in equity since he left and keep that amount out of the division calculation?

You can make the request but doesn't mean the courts will agree to it.

You call him your ex DH - are you actually divorced?

I'd be surprised if this division of assets isn't a straightforward 50/50 to be honest. The youngest child will be 18 by the time this gets to court and won't be counted as a dependant

The divorce went through in July.

The court date is 22nd Sept. I really hope it doesn't just end up 50/50! I've paid over £26k into the mortgage since he left and have had to borrow from family.

So you get £13k back instead of £26k. Absolute fucking bargain to get an abuser out of your life. I'd consider it money well spent! Thats the price you'd pay for your freedom. In the grand scheme of things, it's not much money really.

Maybe not but it would mean I have to sell the house which is far from ideal at the moment and not something I currently feel capable of.

I'm sorry, I have no advice, but I wanted to wish you well. It is not at all fair if he ends up with 50/50 after contributing nothing for the past 3 years. And I completely disagree with PP- £13000 is a huge amount to lose!

The starting pint is 50/50. I agree £13,000 is a lot. Make sure all the costs you have borne are out forward to the court. I would say that as you have two properties, both should be sold. This way you would get some money back.

Thank you. £13k is alot to me but I can appreciate the sentiment that it's worth it to be rid of him.

Tbh I think losing/selling the house would be the final straw. I realise that will sound dramatic and I won't bore you with the details but I need some time without drama. My son took over the position of abuser and I'm pretty well at the end of what I can cope with. The divorce service messed up so the divorce went through as unreasonable behaviour in his favour and I have to pay the costs. This will sound pathetic but I need for him to not win this final battle. 😓

@collaborate would be able to give advice.

That would be much appreciated.