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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Advice / Comments Appreciated

  • loopylucy
  • loopylucy's Avatar Posted by
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22 Aug 07 #2284 by loopylucy
Topic started by loopylucy
I think my situation may be quite unique but if anyone has any comments or ideas I would appreciate them greatly.

My hubby and I were together 5 years before we married and married for 7 years and 7 months before we mutually agreed to a trial separation. After approximately 6 months into the separation I stated that I did not wish to return to the marriage and our marriage and good terms effectively ended there.

Our family home situation is a complicated one. My x2b came from a farming family and when we began looking for a home together he wasn’t keen to move far from the farm where his family lived and he worked. It was therefore decided that his parents would gift one of the farm buildings too us and we renovated this derelict building into our home. The problem is that the building gifted to us was attached to the farm house where his parents live, they had always promised that our section of the building would be given separate deeds and transferred into our names. Despite asking on several occasions throughout the marriage this was never done and “our house” remained in their names, despite us having paid for all renovations and paying separate utility bills on the property.

When the time came for us to separate I was the one to move out into rented accommodate with our two children, now 5 and 7. 18 months later I am still renting and he is living in our much larger family home, with no mortgage and no rent. My solicitor has advised that his parents must state whether they claim to own the property or, as I believe, the property was always mine and his, before we can even think about a settlement.

I’ve been surviving on my wage, about £1000 a month, and his maintenance of £150 although this hasn’t always been regular.

Does anyone think I stand a chance of getting anything out of our home, as more time passes I’m feeling less and less hopeful in this respect, or would my solicitor have told me if it was useless? Does anybody agree that £150 a month is a pitiful amount of maintenance?

Sorry it's a bit long winded!

L x

  • Sera
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22 Aug 07 #2285 by Sera
Reply from Sera
Lucy, I feel so sorry for you. I'm not a legal person, but you could try the 'divorce culculator' to gauge what you're due. The CSA guidelines are 20% of his (take home)income for the two kids. I don't know what payments need to be made to you.
I'm interested to follow where you stand on this.
Our marital home was also 'gifted'. (My husbands elderly parents gave him the money 7 yrs ago, to avoid Inheritence Tax). Now in divorce, he's trying to claim it was a 'loan', and he needs to repay the loan. The deeds are in his name, and like you, I spent two years renovating.

Do you want to live in the FMH with the kids? Or just take your equity out of it?

It's value, will be based on it's market value, the fact that you were married means it becomes a 'marital asset' for consideration in any settlement. However, I'm not sure how you'll come out of this if he claims it's his parents?

You could be awarded a 'covenant' on it maybe? (I'm grasping at straws here!), so that if he did profit by selling it, you would benefit.

I've had to register 'matrimonial home Rights', (you could do it on-line through the Land Registry website). You'll need the address, and the title owners.

If you were still living there, you could fight your rights to stay, sitting tennancy whatever, since you've left, and found alternative accomodation, the FMH becomes less of a 'need'.

(Again, I'm not legal, just speaking from personal experience).

Edited to add: A court may take into account the age of his parents, and any inheritence their deaths would bring him. (Morbid I know! But fact!). Is he to inherit the farm, and 'other' buildings? I'm not sure if this would strengthen your case, (as in an award to you?)

You may sadly find that you could only sue for your contribution to the 'works' you've done, if indeed it was deemed just a 'rental' situation. In hindsight, you have restored someone elses' property! Promises don't always stand for jack **** when it comes down to it.

My husband spent our marriage telling me never to worry about finances, that stands only until he decided on divorce.

  • loopylucy
  • loopylucy's Avatar Posted by
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23 Aug 07 #2314 by loopylucy
Reply from loopylucy
Thanks Sera - maybe my position isn't as unusual as I thought!

I don't want to live in the family home - I don't even like going up there to pick up the children, the place is full of bad memories - and who would want to live next door to their ex-in-law's! I do just want the equity out of it. I know it sounds dramatic but it feels like theft to me, they happily let me put every penny I earned (and a substanial amount of money from my parents) into renovating when they clearly had no intention of signing it over to me and the x2b.

My solicitor has talked about a constructive trust and I've tried to read up about this on the t'internet and it seems like a possiblity.

With regards to his parents ages, his mum is late 60's dad late 70's and yes - he will inherit the lot!

I'll keep you uptodate with any developments - however slow they may be.

L x

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