Hi all looking for some advice.
Was with my wife for 8 years and married for 2. Things fell apart and we have been separated for 3 month (She moved out).
We have no children together tho i have a daughter over 18.
We bought the house 5 years ago and because of her bad credit history it all went in my name plus i paid the 28k deposit.
Things were looking amicable but she has recently turned quite hostile and registered a home rights notice against the house.
My question is can she force me to sell the house or can that only be done as a process of the divorce? which im also led to believe cannot even be actioned until after 2years of seperation.
Also as we were only married for 2 years does the deposit i paid come back to me or is it all 50/50?
They will add on any time you were together before marriage and call that the length of the relationship, no idea why.
Only a judge can order you to sell your house to pay what you are ordered to in a final hearing.
It will start at 50/50 for everything so not just your house all of your assets will get put into the marital pot and then the hearings are about how to split them and that includes any pensions you may have.
Ahh well deposits gone then.
Regards assets i made sure anything else I own including personal savings are all in my dads name. Only recently changed to employed from self employed so my pension is less than 6months Old. Hers is 13 years old so I'll put in against that is she wants to play things that way.
My car is lease so not an asset but she owns hers.
So basically I can just sit tight until divorce is filled....
When did you transfer the assets to your dad, mostly they will ask for one years bank statements but could ask for longer.
Does she know about your \"dad's\" assets.
Yes her pension will go into the pot just as any other asset. They will try and ring fence assets and claim them as non marital but it's a fairly long relationship so in theory all the assets become marital.
Essentially you want to claim poverty as much as possible and then you will be more likely to get a better slice of the assets. As there are no children in theory as a man you should be treated equally but in reality the family courts are still pretty sexist.
I transfered most of my savings about 6 months ago but that equates to what they lent me for house deposit (I repaid this another way) but on paper that chunk is covered. The remaining savings were all cash paid into his account.
The other assets were originally in his name so no ties to me.
Do you have any evidence that the money for a house deposit was a loan that had to be repaid?
If you \"borrowed\" the money five years ago with nothing in writing and no record of repayments but then suddenly repaid the lot out of savings a few months ago it might be argued that the loan was in fact a gift.
It's amazing how many people are given money towards a deposit by their parents but suddenly, years later when their marriage fails, it turns out that money was a loan which they want repaid.
Yep all down on paper that it was a loan.
I'm pretty sure I have savings covered. My main question was that she couldn't take any action until divorce is filed after 2 years considering she has already applied for the home rights notice.