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House gifted by my parents

  • Dorkymote
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1 month 2 weeks ago #512596 by Dorkymote
House gifted by my parents was created by Dorkymote
Hi guys,
So i started my divorce petition on feb 2020 with the agreement that i give £25k which we drafted and signed by both parties and cited with unreasonable behaviour. Upon receiving acknowledge letter she has agreed but mentioned she wasn't haply with the reason.
Continuing the process i have applied for decree of nici on 21st of april and currently waiting. Just before when both parties agreed to do a financial voluntary disclosure my wife started changing her statement and hit me with strange silly abuse allegations through her solicitor. And now she is pitying herself with every emails i got . I challenged her to show me proof of evidences of abuses or any but no replay has come back although i have managed to get 3 replies but nothing mentioned and keeps repeating the same.
I inherited my house through my dad who gifted me . Now she is claiming to be the co owner of the house and wants equity share, the fact she has only paid £200 every month until last june beside im paying all mortgages bills , household , food my self. We pretty much earn the same amount salarywise Now im dragged with loan that i took to pay her lumpsum and other loans i have. Is she be able to claim the house ? I need help guys .
My solicitor is way late to reply. Upon exchanging form E i found she has all together £70k in her bank and until recently she has given money to her siblings stating she has no intention to have those monies back but still claiming she will suffer after divorce .
Im currently not in goodstate with work wise divorce and work so i have started counselling.

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  • rubytuesday
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1 month 2 weeks ago #512597 by rubytuesday
Replied by rubytuesday on topic House gifted by my parents
Hello

So that people can answer your query, they will need much more information. If you can answer the following questions, then people will be able to offer some advice:

Your respective ages;

The number of children you have and their ages (including any step-children that live with you);

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both solely held and joint (ie property equity, pensions, vehicles, savings, etc);

Your liabilities - both in sole and joint names (ie credit card debt, outstanding mortgage, etc).

Any other factors, such as one person having limited earning capacity due to ill-health or a long career-break, etc.

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1 month 2 weeks ago #512599 by Dorkymote
Replied by Dorkymote on topic House gifted by my parents
Thank you for pointing out.
We have been married for 10 years now . Im currently 34 years old and 32 respectively. We dont have any children.
Monthly wise i earn fairly £1800 and through her from E she earns £1500.like i mentioned she pays £200 towards the bills and that’s it which stopped from June last year . I pay the rest including mortgage , council bills , water electricity . Tv , broadband, household , all rest. I dont have any savings and none of the bills or any loans or saving are under both the names. As the house was gifted by dad it is under my name only.

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1 month 2 weeks ago - 1 month 2 weeks ago #512600 by rubytuesday
Replied by rubytuesday on topic House gifted by my parents
Even though the house was a gift, and is in your name only it is still a matrimonial asset and therefore part of the "pot" to be considered for division.

How do you propose your spouse rehouses herself if you are expecting to retain 100% of the house, are there other assets that could be realised to provide her with a housing fund? Her housing need is just as important as yours, and after a 10 year marraige, this will come down to needs, rather than contributions and who has paid the Sky or water bill.
Last edit: 1 month 2 weeks ago by rubytuesday.

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  • HereForHelp123
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1 month 6 days ago #512701 by HereForHelp123
Replied by HereForHelp123 on topic House gifted by my parents
Hello, I am following this thread.

Surely if the wife has £70,000 cash in her bank that is an asset along with the £25,000 that was paid to her during the divorce.

Surely if there was a cash payment and agreement mad already this should be taken into account?

That would mean she has £95,000 assets compared to the house - being unknown value and an asset before marriage shouldn't this be taken into account.

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1 month 5 days ago #512713 by WYSPECIAL
Replied by WYSPECIAL on topic House gifted by my parents

HereForHelp123 wrote: Hello, I am following this thread.

Surely if the wife has £70,000 cash in her bank that is an asset


Correct.

Everything owned either jointly or individually is an asset and in the pot.

It is hard for anyone to comment as the OP has never come back with the details of all assets. All we know is there is £70k in savings and a house of unknown value.

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