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Original poster

help! getting divorced selling house he wants money but its my house.............

20 replies

sugar34plum · 26/06/2007 19:29

Some of you may know me from other thread as not changed name but........... am going for a divorce and am goingt o sell house. Basically house is in my maiden name and he has never been on mortgage. He has paid the mortgage from feb 2004 to oct 2004 and that is it. The shit has put a charge on the house. Should be roughly 100.000 equity in the house and have heard him saying he wants half! Over my dead body! Have 5 kids.He wont pay maintenance and is the scum of the earth. But realistically speaking what can he claim?

OP posts:

UCM · 26/06/2007 19:30

The split is not likely to be 50/50 if you have 5 kids, more like 98/2 I should think. I am not a brief but I do hope someone comes along who can give you more help.

UCM · 26/06/2007 19:31

Can you not stay in the house.

Kaz33 · 26/06/2007 19:33

Unfortunately don't think that the house being in your maiden name matters really, you are married so the asset is governed by divorce laws.

However, you have five kids and they need somewhere to live. Unless he is applying for maintenance because you are a high earner etc.. don't think he has a pot to p* in. Ask Xenia she might have some thoughts.

mamama · 26/06/2007 19:36

I was under the impression that, regardless of what he has paid, if you are married, the split is 50/50. If you have kids then it changes slightly (or maybe a lot, like UCM says).

My house is in my name, H never on mortgage but when we divorce, he is still entitled to 50%.

flowertot · 26/06/2007 19:43

This is similar to my question. Just wondered what the split is likely to be with regard to kids. Surely someone round here must have an idea? I think they assess each case individually but rough guide would be helpful as may be better to settle out of court to save costs?

BetsyBoop · 26/06/2007 20:04

If the marriage was short they are more likely to look at how assets have increased in value during the marriage, rather than the outright value of the assets

eg
mortgage = 100k
value at start of marriage = 200k
value at end of marriage = 250k

increase during marriage = 50k

so you are arguing about the shareout of 50k equity, rather than 150k.

You will also most probably get a good deal more than half of this if the kids are staying with you.

However I'm no lawyer, you need proper legal advice ASAP

good luck

Original poster

sugar34plum · 26/06/2007 22:19

kids will be with me. he hasnt even been i ntouch for aweek after i found him with a trollop and im pretty sure he has no inntention of paying maintenance. will be seeking legal advice very soon. thank you all.

OP posts:

flowertot · 27/06/2007 07:11

Catz · 27/06/2007 12:13

sugar34plum. Sorry to hear about the situation. The other posters are right, the fact that the house is in your name and he has not been on the mortgage doesn't mean that he can't claim some of it. However, by far the most important factor will be the welfare of the children. This means that their housing needs (and so yours too) will be the main aim. This may mean that you get the whole house but that depends on the situation. One important distinction to make from the start is the difference between having the right to live in the house and having the right to the equity in it. E.g. if the children are nearly adults you might get the right to live in the house until they are 18 and then for a sale with a split of the equity.

It's always difficult to give any idea of what would happen without full facts. If you don't mind giving the info it'd be helpful to know (1) how old are the kids (2) are they his (3) how long have you been married (or living together before your married) (4) are you both working and if so who earns the most? I realise you might not want to post all that here but it'd be helpful to know.

By charge do you mean that he's registered his matrimonial home rights? If so, that doesn't give him a right to any of the equity but it does mean that selling will be pretty much impossible till this is sorted out.

Best of luck

Catz

Catz · 27/06/2007 12:15

Oh and one other thing. When you say you are selling the house is that because you want to move/take equity out or because you feel that you have to because he is trying to access the equity? I would think it would be very unlikely that you'd have to sell or move out in the circumstances if you didn't want to.

NAB3 · 27/06/2007 12:26

He can't make you sell the house. Are the children all his? Surely he will have to pay maintenace? Maybe he will try and hide any money he has but if he his claiming half the house ehe would have money to pay for their upkeep?

Original poster

sugar34plum · 27/06/2007 14:31

catz.have to sell house we got a loan secured on the house to pay for a massive extension and he hasnt paid that in 3 months either so they want a possesion order. My eldest 2 dd are not his they are 11 and 8. youngest 3 are his and they are 5, 3 and 1. We brought the house whilst living together but he didnt want to be on mortgage but i got it reduced as i had been a council tenant for 10 years so got a £38,000 discount straight away. we would have been married 4 years next month and together 6 years. He is also being made bankrupt by the taxman.But simply assumes he will get half so he can go buy a range rover!! No thought for kids at all. And he will do cash in hand work to avoid paying maintenance.

OP posts:

littleolwinedrinkerme · 27/06/2007 14:59

He sounds lovely.....good luck sugar34plum

Catz · 27/06/2007 18:02

sugar34plum. Thanks for that info. I've only got an outline knowledge of bankruptcy law so can't really make any comment on but you should take advice as the Trustee in Bankrupcy will take any of his assets so they won't be available to split (if he's made bankrupt before your divorce). The Trustee might try to claim that he does have a financial interest in the house. As I say, that's not really my area. I do know a good internet forum on the Motley Fool which is very helpful on these issues fool

I'll post on a new message about the divorce side.

Catz · 27/06/2007 18:22

On the divorce side. There's no easy formula to tell you what happens. I posted the basic rules a few weeks ago here divorce In your case the absolute first priority will be to provide a home for you and the children (and this includes your older children provided he's accepted responsiblity for their maintenance in the past). I'm guessing that you'll need all the available money to get a house for the 6 of you. If so, I can't imagine any court doing anything other than ordering that the money be used to buy a house for you live in. The court could make what's called a 'mesher order' which means that you get to live in the new house until all the children are 18/leave education and then it's sold and the equity split. However, that doesn't seem appropriate here given the age of the children and that you are taking on the financial responsiblity for the children (especially if you don't work) so I would think it reasonable for all of the equity to go to you to buy a house in your name only (assuming that you'd need it all to buy a decent house).

By the way, even if there no children he could not expect 50:50. For a start, you would get credit for your right to buy discount.

Of course he will technically be liable to pay maintenance for younger 3 children but you've probably heard the reputation of the CSA....

I think you need to se a solicitor to talk through all of the details (most give a free initial consultation) but I would be strongly arguing that all of the money should be used for a home for you and the children. Do take leagal advice because the potential bankruptcy might well disrupt things if you try to organise it informally.

Best of luck

Catz

NKF · 27/06/2007 18:26

I think they look at what the children need and divide the assets in accordance with that. I can't see him getting half of a house and no maintenance to pay. But you need a lawyer. What he would like isn't necessarily what he will get.

Original poster

sugar34plum · 27/06/2007 21:45

thankyou so much for the advice.Unfortunately £100,000 will not buy us a house. Have been told by cab that i would have to go into rented until money runs out then i can claim benefits and apply for a council property. I am very angry thta he tore this family apart with his cheating and im the one left to pick up the pieces. I adore my kids i really do but why should he get anything. But with the bankruptcy he shouldnt get any? I think that is due to come into force very soon. They wrote to him to arrange a meeting to deliver papers but he just ignored them. Had phone calls to day which seem to show he has been trying to obtain loans by saying he owns the house!!! My ds has an operation coming up so once that has passed and he his well i will contact a solicitor and get everything going. thanks again

OP posts:

Zazette · 27/06/2007 22:01

Get down to the CAB as soon as you can - tomorrow if at all possible - to see what they can do about the possession order. If you're only 3 months in arrears, there is a very good chance that they will be able to set up an arrangement that would allow you to stay in the house.

Make this your first priority - my dp is a debt advice worker at the CAB, he helps people in far worse situations than yours hang on to their houses all the time. DOn't give up on the house, hanging on to it would clearly be the best outcome for you and your kids.

Catz · 28/06/2007 10:13

sugarplum34 - I thought that £100K probably wouldn't be enough but wasn't sure aobut the rest of your financial circs. In that case it seems to me that there is a strong argument for saying that you need all the equity to support the children and yourself as the parent caring for them, particularly if he is not willing and able to pay maintenance. I completely understand that you are also angry about the way that he has behaved - I would focus on the 'needs of the children' argument as everyone in the system can agree that the children need a home but there is a reluctance amongst lawyers to taking blame into account when dividing assets. You need to see a lawyer to go through the details as it's so fact dependent, however I'd have thought you'd have a very good chance of keeping all or virtually all of the equity.

I think Zazette is right though. Your first priority at the moment should be trying to resist the possession order or come to some arrangement with the loan company. That's not my area but I would take advice on that and the bankruptcy issue (e.g. from CAB) as soon as you can.

Best of luck

Original poster

sugar34plum · 28/06/2007 17:22

Thanks. An order hasnt been made yet they are just threatning. But they already have a charge on the house so the loan would be repaid as soon as house is sold whether in 6 months or 6 years. I have spoken to cab and they have been good with advice. Basically said i should write to the loan people explaining the situation and see what they say. I dont understand though as mortgage is in my name but the loan was in joint names but secured on the house. If his made bankrupt so that wipe out his half of the debt or will they take whole amount from sale of house? Was also told if he wants any money he will have to go to courts and ask them because of the kids. Too much to deal with!

OP posts:

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