Mortgage

[Leanne1191]

Hi just a question, my husband who cheated on me is now getting his own place with the woman he cheated on me with, I think they're buying, if he buys a house while we are still married am I entitled too it because we are married? He has changed his surname by deed poll but legally we are married?

You are entitled typically to half the total marital assets. There's exceptions for short marriages. You need to speak to a solicitor or better still talk to him and come to a settlement. If they buy in her name you can't touch it even if he puts money in do you need to file for divorce and get an order for him to disclose his assets

@mootymoo

You are entitled typically to half the total marital assets. There's exceptions for short marriages. You need to speak to a solicitor or better still talk to him and come to a settlement. If they buy in her name you can't touch it even if he puts money in do you need to file for divorce and get an order for him to disclose his assets

I thought so. He told me he's moving into his own place and will be sorted in 6-9 months, he made a point of saying that he isn't buying but I don't get why they would rent when she owns her own bungalow and lodge on a holiday park? I find it all a bit suspicious?

Move on. Support yourself and never mind what he is doing. Not good for your mental well being.

@MissMarks

Move on. Support yourself and never mind what he is doing. Not good for your mental well being.

I am moving on, but he left me in the shit and I'll get what I'm owed

You’re not entitled to 50%, you’re entitled to a ‘fair share. Could me more or less
However, it’s likely most of this will be mortgaged? So no asset?
Why are you divorcing ?

@millymollymoomoo

You’re not entitled to 50%, you’re entitled to a ‘fair share. Could me more or less However, it’s likely most of this will be mortgaged? So no asset? Why are you divorcing ?

Were divorcing because he cheated on me. He has put me through hell the past 6 months.

Move on. If you have been through hell you don’t need to go back for more punishment asking for a share of a house he hasn’t even bought yet and which has nothing to do with you.

If he buys the house before the divorce its everything to do with OP.

How long were you married, and do you have children together?

@PheasantPlucker1

If he buys the house before the divorce its everything to do with OP.

How long were you married, and do you have children together?

Married for six months then he committed adultery and yes we have three children my eldest isn't his and he's disowned him the other two he are his

@MissMarks

Move on. If you have been through hell you don’t need to go back for more punishment asking for a share of a house he hasn’t even bought yet and which has nothing to do with you.

That's not happening he's not doing this too me and get g away with it

Have you started the divorce yet? The sooner you rid of him the better!

Do you own a house together? That would impact his ability to get a mortgage... but as a pp said, try not to dwell on it too much. Its up to the solicitors to sort out finances!

@Leanne1191

After 6 months marriage you need to speak to a solicitor, you will need to prove assets you brought into the relationship and how long it was because generally short marriages, and 6 months is very short, you simply get what you put in. Adultery doesn't affect the settlement

@PheasantPlucker1

Have you started the divorce yet? The sooner you rid of him the better!

Do you own a house together? That would impact his ability to get a mortgage... but as a pp said, try not to dwell on it too much. Its up to the solicitors to sort out finances!

Yes I can't wait to divorce him! Blokes a pig, I'll get in touch with a solicitors

[quote mootymoo]@Leanne1191

After 6 months marriage you need to speak to a solicitor, you will need to prove assets you brought into the relationship and how long it was because generally short marriages, and 6 months is very short, you simply get what you put in. Adultery doesn't affect the settlement [/quote]
We was together over 8 years and married 6 months

For such a short marriage I suspect you’ll find it difficult. Also proof points required to actually cite adultery are reason for divorce are v difficult to provide. May be a long road ahead to get the divorce, sorry he’s been such a shit

@Mamagotskills

For such a short marriage I suspect you’ll find it difficult. Also proof points required to actually cite adultery are reason for divorce are v difficult to provide. May be a long road ahead to get the divorce, sorry he’s been such a shit

I have proof of adultery and he I have messages he has sent saying he has committed adultery too.

You won’t get anything more than what you put for six months’ marriage. I don’t think you can divorce until you’ve been married 12 months. But you can spend lots and lots trying to get even if you like.

No judge will “punish” him for committing adultery. They don’t care why you split up or who was mean or whatever. Just a fair division of the assets and appropriate financial support for his children.

They would rent and not buy specifically so you can’t interfere with their house purchase. They are being sensible. They will buy together (if they need / want to) when your divorce is finalised. Much more astute of them to rent til it’s settled.

Proof pretty much boils down to someone witnessing them having intercourse. A text won’t cut it. It won’t help you from a settlement perspective either.

You're angry and understandably. You can divorce him online after 12 months since wedding. In the meantime watch some YouTube videos on recovery for yourself. While you're angry like this he's just getting on with his happiness and that's what you need to do too. Your children might need emotional support too. Good luck

If you have two children together then the relationship was considerably longer than 6 months I take it? The court in such circumstance particularly where there are children involved, will consider the entire length of the relationship or cohabiting, rather than just the term of the marriage.

I would get onto it asap and get the Form E filled out. The longer you delay the more chances he has to dispose of marital assets to his new partner. Just cite unreasonable behaviour in the divorce papers, too hard to bother with infidelity. Dont get the decree absolue before the financials are settled, as this leaves you financially exposed. Do file for the divorce first so you are the petitioner, then you can control the process and timings better.

Op do you/did you own a property jointly during those 8 yrs?
What is the status of that property now?
How is he planing on funding his deposit on his new house?
What was his reasoning for changing his name by deed poll?

I think you can see that his lifestyle will improve if and when he and his girlfriend marry and buy together, given she already has 2 properties and i would assume equity in both at the least. Any investment she makes , i am sure , she will protect. He is changing his name so clearly unusual behaviour. I wonder if what you are asking is, if he and her build a financially comfortable life together , have a nice expensive home etc can you benefit from that if you are-still legally marred. The answer is no. You and he will only share any assets accumulated during your marriage /relationship and he will need to pay maint for your 2 shared children. He will be able to clearly demonstrate you were separated through council tax, where he was living addresses and banking . If you and he did not have or acquire much during your 8 yrs together then sadly you will only get a share of that.

Op, i mean this kindly, it is clear you have been hurt. See a solicitor, get divorced and a judge will formalise all your financials ( including any pension entitlements) for a clean break. Child Maint will also be documented and enforceable within that structure.

Start to rebuild your life . I think you also posted this exact thing last year. I read something very similar. You need to move quickly now to safeguard any/your joint assets as they currently stand. A jointly owed home will be yr biggest asset in terms of division. I suspect his new GF will ring fence all her assets before she buys with him / marries him. Her money may well springboard them but it will not help you.

Sorry OP. The guy is an arse and you will better off in all respects when you are free of him in terms of marriage and finances. The more time you put into hating /sabotaging him, the less you spend enjoying yourself and your children. Divorce him and move on. Staying married to him , in the hope of more money or to be disruptive, will only ultimately hurt you in the end.

You cant file for divorce until you've been married for 12 months

So you're trying to get half of the house he's about to buy with his new partner? Erm, I don't think so.

Do you own a property together? It’s unlikely he’d be able to get another mortgage if he already has one with you.

When I met my DP he was still legally married and had a joint mortgage with his ex wife - they had agreed to wait until she was in a position to buy him out, giving him capital for a new purchase, so we rented for 2 years. They’d be mad to buy anything while he’s still married to you.

@Mamagotskills

Proof pretty much boils down to someone witnessing them having intercourse. A text won’t cut it. It won’t help you from a settlement perspective either.

I have proof of him admitting it and her.