My partner (female) is going through the divorce process (applied a few weeks ago) on the grounds of irreconcilable differences with a 2 year seperation. The seperation has been fairly amicable until very recently. The house where she lived with her (ex) husband is just about to be sold. Here is the dilemma: the house is in her name only. She lived in the house prior to meeting him 18 years ago (or so) and she was gievn the opportunity to buy the house under the Right to Buy scheme. The mortgage was in her name only.
She moved out of the house when the marriage broke down just over two years ago and left the (ex) husband in the property.Care of the youngest child is shared with him. She pays the mortgage and the agreement was that he would pay the finance payments on the car that she has which was virtually the same amount as the mortgage. Unbeknown to her he negotiated a reduced repayment on the car, approx half the original monthly repayment. There are "debts" which will be paid from the sale proceeds and there will be a sum of money left over after everything is paid. The crunch question is: Is he legally entitled to any of this money? She had nominallly agreed to pay him half of the money that was left over
It would not be common for either spouse to exit a marriage lasting 18 years without anything at all.
The Court''s primary objective is to meet the needs of both parties, and particularly the children where dependent children are involved.
The other point is that the former marital home, though obviously of crucial importance, is still only part of a wider picture. There may be other assets besides the house. There could be maintenance issues. There could be pensions which may have to be re-allocated.
Do I take it your partner lives with you ? Where does the ex live ? In the FMH ? If the property is sold where will he live then ? What is his mortgage capability ? It''s arguable he should be able to secure a property large enough to permit staying access. I can''t see him getting nothing, frankly, the more so if your partner lives with you.
However I would need rather more information before I could offer more definite advice.
I am the ''partner'' being referred to.
I moved out of the FMH that was in my name as I needed a larger house. There is a 9 yr age gap between my sons. I took nothing from the house.
The ex paid the finance on the car (which I had) of £230 and I continued to pay the mortgage of £240 while he continued to live there. I recently found out that he has only been paying half the car payment, resulting in owing more than it''s worth. Also, bear in mind, the rent for the property I moved into was £600- a considerable difference of 400!
The house is now sold and due to complete in a few days. However, there is minimal profit made once the debts have been cleared. He is then renting a property, which is going to cost £500 pcm.
Without going into too much detail, the ex has not declared full earnings for a good number of years, and based on this, he applied for Child/Working Tax Credit, and gets £600 per month. Care is shared for the younger son of 14. I receive nothing. The elder son of 22 has now left home.
I hope this helps a bit more...it''s very complicated, but aren''t they usually!
I think we will need rather more information to offer any advice.
1. Your respective ages
2. What does "shared" care of your son mean?How many nights per week does he spend with each of you?
3. Your respective incomes from all sources including any benefits
4. The sale price of the house, and outstanding mortgage amount
5. Any other assets: savings, cars, valuables
6. Any debts or liabilities: credit cards, loans, finances etc, what they are for, and whose name they are in
7. Your respective pension values
If the property is in your partner''s sole name, then on the face of it she will be entitled to the proceeds.
As I said, it is possible he could have a claim on it but it does seem to me that there is not a great deal of money here. There is always a danger that you can spend more arguing about a small amount of money then it''s worth.
The Court''s primary consideration is how to house both of you. You have a new partner, he has rented accommodation- therefore from that point of view you are OK.
Has your (ex) husband made any claim against you in the divorce proceedings ?
You asked if he is legally entitled to any of the proceeds of sale. Under general property law, no. Your partner is the owner and entitled to the whole lot. But in theory, the Court could order your Partner to pay him something.
But unless and until the Court makes an order, then no, there is no obligation. But he could make a claim. My worry is that it''s probably not worth arguing about.