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Short Marriage, House Renovation & Inheritance

  • advisorreq
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20 Jul 19 #508605 by advisorreq
Topic started by advisorreq
Hi,

Going through the motions of divorce and looking for a place to start.

Married 2 years ago, no children. House purchased 1.5 years ago with 40% deposit from parent- value £280k+. Joint tenants in common 50/50. Debt in my name £5k on kitchen and est. £12k credit card of which £5k can be directly traced to kitchen extension on Credit Card. From my side spent £30k cash on house initial outlay for renovation.

Father passed away last month leaving sizeable inheritance, although too early to say when have access to any help from this.

Marriage has been fraught with infidelity on wife's behalf since buying property. She has not contributed to any bills and continues to live in the house. Moving friends in to add to her income stream. Excessive lifestyle and not morally obliged is not looking to cut the chord.

Repayments on mortgage, bills and debt have left myself in a vulnerable position and only £2k in savings.

I have moved out 2 months ago due to bad home situation and looking for best course of action for immediate future, but also at what settlement outcome would look like.

  • hadenoughnow
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21 Jul 19 #508630 by hadenoughnow
Reply from hadenoughnow
Did you live together beforehand at all?

In a short marriage with no children, the rule of thumb is that you each take out what you put in. Debts and any profits of the marriage should be shared.

If she is moving people in and they are paying rent, you should have a share of this. NB. Lodgers may have an impact on house insurance. Bill should be in her name.

Whose parent paid the deposit? How was that shown on the deeds? If it was a clear gift, it could be argued that it should be split between you.

Is she able to buy you out? Can you buy her out?

If not, the property should be sold.

Your inheritance is not part of the marital pot if you are already separated.

Has either of you petitioned yet?

Hadenoughnow

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21 Jul 19 #508632 by advisorreq
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Hi,

My father paid for the deposit and it was gifted.

I have yet to lodge a petition, but am more concerned about my present situation.

Her costs will be more than covered. In fact she will be making money from the house. Whereas my situation is I am still paying almost 1/4 of my income to the house from the renovations. I have had to move out due to the intolerable living conditions but am 50 miles away from work. Yes i have an inheritance that may be on way, but fair play feels like it is out the window. My wife's lifestyle is grossly out of kilter with her income and that's an issue in itself.

I've lived with her for 3.5 years.

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