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History: Home UK Divorce Forum
Topic:
Financial settlement (12 Posts)
Started By:
Date:
17 March, 2017 06:00PM
Financial settlement
Dlvibes - 17 March, 2017 06:00PM
Submitted Form E voluntary. Husband and I live in matrimonial home. Married for 28 yrs. 15 years ago I build a house and the deeds are in my name. The build was financed partly by my mother, my salary and a very small amount from a remortgage on the matrimonial home. The majority of the remortgage has been repaid by me overtime. Husband never contributing to the build but wants half. I support my mother with living expenses and medical insurance from the rent received from the second home. My mother also spend her own money and time on the building of the second home. Husband contributed nothing. Please can you advise if he is entitled to half of the second home including the matrimonial home. And will my mothers contribution be taken into account?

Many thanks.
Re: Financial settlement
Dlvibes - 20 March, 2017 10:17AM
Please can someone please advise based on my situation topic posted last week titled Financial settlement. I am worried to bits. Thanks.
Re: Financial settlement
Andyk - 20 March, 2017 10:27AM
After a marriage of 28 years it doesn't matter if the house is solely in your name or not or if you financed it. Marriage is a partnership so it all goes into the pot. If there is enough to fight over that means that you get to keep this house then you may well do but that might be at the expense of for example a bigger share of the equity on the main home, or from the savings.

As for you supporting your mother with her lving expenses from the rental income, well that is your choice and it shouldn't come into the equation.
Re: Financial settlement
Dlvibes - 20 March, 2017 10:48AM
Thanks for the prompt response. I am registered on forum. My solicitor has not pointed this out to me and has made me believe that my mother could be included in the equation. So just to be clear if my mother is removed from the equation then. In this new scenario what would happen if.

- matrimonial home is £450 k and 90k mortgage outstanding
- rental home is 540k no mortgage ( rental income 2k which I would for my living expenses currently)
- husband works earns 30k per annum
- I'm currently unemployed since 2015 due to depression and anxiety following the sudden death of our son

What would be the likely outcome based on the above scenario?
Thanks you once again .
Re: Financial settlement
Andyk - 20 March, 2017 01:17PM
For anyone to be able to give any idea you would need to provide more information. The financial split in a divorce is not just about how much the house(s) is worth. How much savings do you each have ? How much debt do you each have? What about pensions? Respective ages? Do you have any dependent children? It is all looked at in the round.

Based purely on those figures you are arguing about £900k so £450k each so you keep the rental home and give your husband the matrimonial home and £90k. You then need to argue why you need more than a 50/50 split, do you have care of a dependent child? are you significantly older than he is? is your mortgage capacity less than his (although that might not be relevant given the equity in the two houses.
Re: Financial settlement
Andyk - 20 March, 2017 08:28PM
Stottycake, start your own thread, don't hijack someone else's, it only leads to confusion. You might also want yo read my post above, we need to know more information, it's not just about the house and you also need to give an indication of incomes.
Re: Financial settlement
Dlvibes - 23 March, 2017 04:43PM
Thank you for the advice provided so far. I have another question please. My husband says I have to pay for the divorce costs and his solicitors fees as he instigated the divorce. My solicitor wrote to the court that I was prepared to pay half. My question is. Do the courts take this into account or would I be forced to pay and if so what are the costs involved?
Many thanks.
Re: Financial settlement
HatMan - 23 March, 2017 05:27PM
That would be ridiculous - His theory is that he launches the divorce and you get to pay for the privilege? - I stand to be corrected but suspect that unless there are exceptional circumstances you will pay your own costs.

I am sure a legal authority will confirm the exact terms but I am 100% sure that your STBX is engaged in a Walter Mitty story if he believes his version to be true.
Re: Financial settlement
Bubblegum - 23 March, 2017 05:43PM
If your husband is the petitioner and you are the respondent you could be liable for the divorce costs (of the actual divorce not financial settlement) if the grounds for divorce were based on fault I.e. Unreasonable behaviour or adultery. What grounds were used for the divorce?
When the decree nisi is issued the court will say if costs are payable by respondent and if so they will probably be subject to assessment. If you have not agreed to them there can be a short costs hearing where the judge looks at you ability to pay and how much is owed and then decides if you should be made to pay costs and if so how much.



Edited 1 time(s). Last edit at 23/03/2017 06:02PM by Bubblegum.
Re: Financial settlement
Dlvibes - 23 March, 2017 07:11PM
Thanks for the prompt responses. I believe it was for unreasonable behaviour. The decree nisi issued today. In the worst case what are the likely court costs. I did not agree to the costs but I have not heard anything from them.
Thanks again.
Re: Financial settlement
Bubblegum - 23 March, 2017 07:23PM
The court fees are £550. The husband's solicitor would have probably charged around about the same in fees for a straight forward divorce. The total cost would be between around £1000 and £1500. You are both legally represented and will probably each push your costs up by arguing through your solicitors who should pay costs of divorce. Shame he won't agree to 50% - I would have said that was a very reasonable and sensible offer on your part.
What did your notice of decree nisi date say about costs (D84A)?
Did you get anything with your nisi from the court addressing the issue of costs?



Edited 1 time(s). Last edit at 23/03/2017 07:56PM by Bubblegum.
Re: Financial settlement
Dlvibes - 23 March, 2017 08:09PM
Thanks. I have not received the decree nisi yet but will keep you posted once received. Thanks again. I'm so glad that I found this forum it has made things at this very difficult time VERY USEFUL. THANK YOU.
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