Hi Hope someone can help. I have been married for nearly four years. During all but 6mths of our 12 yr relationship I have owned property. Whilst my wife has stayed in rented accommodation.(her own choice) I have always paid all the bills on my property and assisted my wife for most of the 12yrs in paying towards her rent, all food, half heating and electrical costs etc. We are in the throws of relate and contemplating divorce proceedings. She has stated that she is entitled to half of the property that I soley own. Is that correct? She has never resided at any of the properties I have owned or paid anything towards them. We have only ever(and are still only) cohabitings on a part time basis.
Not an easy question to answer on the limited facts you have given, the important thing is your respective need for a home. As your wife already has one, a Court wouldn't make you homeless in order to give your wife a windfall.
You say nothing about children ; it would definitely make a difference if there are.
I'm not surprised your wife is asking for 50% and I would expect her to open the bidding at that figure but what would be the effect on you if you were ordered to sell ? Could you re-house yourself with what was left with such mortgage capability as you might have ?
Quite a fascinating one, this, never seen anything quite like it.
If she doesn't live there, and you live apart, how can you
call your home the marital home ? Normally with the marital home there is a stronger likelihood of an equal division ; but here your wife has accommodation on her own account.
As I said, I expect your wife to claim 50% but I have a feeling she might get rather less, partly because she doesn't need it to secure accommodation ( she already has it ) and secondly because if you had to sell to meet your wife's claim, that could leave you without a home and your need for somewhere to live outweighs her need for cash.
Yeah I can see why you feel like that...the way you have described the situ I would like to think that she would not be entitled to 50% of the property you own and have paid for.
The thing is, the road to a Final Hearing is a rocky, lengthy costly one and best avoided - try and keep talking to her but as she has a home and there are no children it would seem fruitless to spend money on solicitors fees etc when something could be worked out between you.