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History: Home UK Divorce Forum
Topic:
property help please? (8 Posts)
Started By:
Date:
25 January, 2017 08:42PM
property help please?
dellou - 25 January, 2017 08:42PM
I own my property with a former partner and have done for 27 years we have 50% each share in the property. I married and now my stbx husband wants half of the equity of the property and my former partner to have nothing! We were married in total for 8 years including co-habitating. We owned the property for 10 years before I married and my stbx bought nothing to the marriage, and paid no mortgage payments as myself and my former partner paid half each. What are the chances of my ex husband getting 50% share of the property and leaving the joint owner with nothing? difficult one I know but any ideas welcome. Thanks
Re: property help please?
Andyk - 25 January, 2017 09:13PM
If he gets anything it will be from your half, your ex partner is not a party to the marriage so he can't have anything of his. Whether he gets anything from this property depends on what else you are fighting over.
Re: property help please?
dellou - 26 January, 2017 02:15PM
Thanks for the reply Andy thats a great help x
Re: property help please?
davidterry - 26 January, 2017 03:29PM
>>I own my property with a former partner and have done for 27 years we have 50% each share in the property.

Do you each have a 50% share in the property? That is the real question. I dare say that is exactly what your husband is saying. You have given your version of events as you would like them to be (and perhaps as they are) but what does your husband say your former partner's share in the property is? He may have very good reason for saying that this notion that a former partner is a 50% owner of the property is a sham. The details are going to matter here. It is not a matter of simply saying something is so. It is a matter of evidence whether something is so.
Re: property help please?
dellou - 02 February, 2017 10:14AM
Thank you for your reply David- Yes my former partner has the proof that he paid his half towards the mortgage, my ex husband has shown no proof of any payments towards the mortgage, he just states he gave me cash but cannot say where the cash came from as it is not evidenced on his bank statements, when asked he was unable to answer as to who the mortgage provider was, yet he states he alone paid the mortgage for 18 years with no financial assistance from my former partner or myself. I am hoping with the evidence provided that the Judge rules that the agreement between myself and my former partner stands! Here's hoping!
Re: property help please?
davidterry - 02 February, 2017 05:37PM
It seems very odd to me that your husband should live in a property which you say was owned by you and a former partner and during the whole of the time you were together only you and your former partner paid the mortgage. Also, that your husband gave you n money for anything while you were together. That does sound very unlikely which is not to say it might not be the case but it does stretch credibility.

In any case your husband does not have to prove financial contributions because the property in question is the matrimonial home. For that reason alone he will have some claim upon it which does not depend upon who paid the mortgage.
Re: property help please?
dellou - 02 February, 2017 08:46PM
Thank you for your reply David- I m not disputing the fact that my stbx has a part share in the property but it certainly is not half- he lived in the property for 6 years including co hab- before going to prison for trying to murder me- he also left me to pay a £25k loan of his with no help whatsoever- he went bankrupt without telling me and his gambling addiction is evidenced in his few bank statements that he has disclosed ( minimum of £300.00 per week), yet he claims to be not working? So out of 26 years of me and my former owning the property he wants half of the equity- I am hoping that the courts see that a 50% share is a little more than excessive.
Re: property help please?
davidterry - 03 February, 2017 10:05AM
If he has been sent to prison for trying to murder you I doubt that the court will be much interested in who contributed what to the mortgage.
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