A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Help on who gets the home

  • r16
  • r16's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Aug 12 #346899 by r16
Topic started by r16
Hello,

My wife left me start of Feb for reasons unknown. She has not talked about divorce although I have purchased the paperwork from this site in readiness - not that I want to split. I have stayed in the house and until this month she has made a contribution to the mortgage - it stopped this month.

We purchased the house in 2002 as girlfriend and boyfriend, we me paying £20,000 deposit. We married in 2008. We had an extension two years ago to which I contributed £20,000 to. The house is worth £200,000 and we have a 140,000 mortgage. I offered to buy her out at £25,000 and take on a joint loan of £5000.

She agreed at first but is now talking about buying me out at 28,000 which I''m not sure about.

My question is does it make a differnce that I paid the original deposit and contributed more to the extension? Would I get any of this back?

I don''t want to fight and feel my offer is good and feel I''m getting a bit of a raw deal at just being offered £28,000 or am I wrong?

Is it worth fighting for more and what would be my chances of success? or should I take the 28,000 and accept I have lost money?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
02 Aug 12 #346905 by cookie2
Reply from cookie2
No, you would probably not get your deposit or the extension money back.

There is £60k equity so both of your offers are roughly a 50/50 split. So really it''s up to you to decide who wants to keep the house. If you cannot agree and you both want it, then you would probably win since you currently have occupation. If you have not changed the locks then you should probably do so, since she has been gone for 6 months.

  • r16
  • r16's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Aug 12 #346906 by r16
Reply from r16
is that legal to change the locks?

she is still on the mortgage

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
02 Aug 12 #346909 by cookie2
Reply from cookie2
Since she has been living elsewhere for so long, her right of access to the house would be over-ruled by your right to privacy.

  • r16
  • r16's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Aug 12 #346921 by r16
Reply from r16
thanks for your help. Guess we need to decide who gets the house then - what happens if we both want it and won''t budge?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
02 Aug 12 #346922 by cookie2
Reply from cookie2
Well then a court could be asked to decide. But since you are living there, you would probably win. That is why it''s a good idea to change the locks. If she gets back in then you''d lose your advantage.

  • r16
  • r16's Avatar Posted by
  • Senior Member
  • Senior Member
More
02 Aug 12 #346923 by r16
Reply from r16
Thanks for your help

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11