After 35 years I have applied for a divorce on the grounds of unreasonable behavior by my husband. I have compiled a list of the money into the house since we purchased it 20 years ago. My solictor has said that it doesnt matter that I paid the mortgage for 50 months it will be a straight 50/50 spilt. I cant beleive that I pay all the bills the equity increases then he gets half. Also he can ask for half of my pension but I can''t touch his because its in payment! Does anyone know if this is true or is it worth me fighting for, I have asked for the court to decide the finaces as he wont agree to anything.
I am afraid after 35 years of marriage all assets will be regarded as marital property. If there are no dependant children 50/50 would usually be the starting point.
How old are you both, do you work? What are your respective incomes? A judge would try and find an equitable and fair split on assets and also income, based on need. I do not believe because the pension is being paid out it becomes irrelevant. It is an income and this is something that needs to be balanced too.
I will be 54 on Friday and work full time he is 64 and has been out of work since January 2009. I earn 24K gross he has just over £300 a month pension but I pay everything.He does nothing even though he is at home all day, he is getting legal aid I have to pay. We currently have around £120k equity in thr property but I have put 10K more into the house than he has.Thanks for responding
Your solicitor is right regarding the split. In fact you would be lucky to get 50% of the house equity. It does not matter 2 hoots who put in more, this is a long marriage and the courts regard it as a partnership, not an accounting exercise.
Pensions, I am not an expert but I don''t think he would keep all of his own AND get 50% of yours. That just seems completely unfair. A court would ensure that you have equality after such a long marriage, and giving him half of yours but not giving you half of his, is not equality at all. BUT, it is true that you have maybe 10 years to add to your pension pot, whereas all he has is what he has. I guess it would depend on the figures really.
It is common to "bargain" with pensions. For example you might say he can have 60% of the house equity if he doesn''t touch your pension. Just an example - again it depends on the figures. I am sure your solicitor can help you with this.