Understanding divorce......

[JustOne]

The solicitor said she can not force sale of the house until a) my sister moves out or b) she turns 18.

So she walks out, pays NOTHING, your dad pays the mortgage, looks after you both and still loses half the house

There's something not quite right/equal there if you read the post a few above this one



(If the bloke leaves he gets nothing, if the woman does it she (paying nothing) still gets half the house, I just don't get that)

 

[G1BB0]

James I saw a solicitor at one point and was basically told as as a parent I had no rights, as a joint person on the mortgage she had half the say, she emptied the house but as it was a joint home she didnt 'steal anything' = a total utter farce!

Now she needs my help for something - yeah right like thats gonna happen.

Blokes get shafted. My mate found out his wife was playing around, he left. When he met someone else and wanted to marry he had to say he was the one committing adultery he also had to pay off his ex wife to waive her rights to a share of his pension. they had no kids together and both worked... how the hell does that work!!!!

 

[DappaDonDave]

So she walks out, pays NOTHING, your dad pays the mortgage, looks after you both and still loses half the house

There's something not quite right/equal there if you read the post a few above this one



(If the bloke leaves he gets nothing, if the woman does it she (paying nothing) still gets half the house, I just don't get that)

As mentioned, if it's taken to court (with fees) it's in the hands of the judge and depends on their mood what gets split.

Its usually easier to cut losses in most cases i suppose.

Personally I'd fight my ground but I'm stubborn and my dads a bit of a soft touch. I've told him to start a 100% and see what she says, if no agreement can be made thats at least 75% to him get her to court and drag up all the bad suff on her, adultery, gambling, debt etc etc he's sqeaky clean, poor bloke lol too nice!

 

[JustOne]

I thought my mate had it pretty good in such that he might see half his house one day... maybe he won't

Kinda pointless buying one if you might still lose it I guess....

I thought my position was pretty weak.. maybe it isn't now... maybe I was quite clever?

I'm NOT married, two kids and NOT on the deeds... it's in her name. If I were to walk I'd have to pay child maintenance I guess... if I got a job

Not sure if you have to pay the mortgage on a house that isn't yours? I'd say it was unlikely.

The downside (if there is one) is that she could theoretically boot me out any time and I'd have nothing... but that seems MORE than some of you who are on the deeds and married and are now royally screwed.... and even if you're married and on the deeds you can still get booted out... perhaps even more so if they know you'll be paying for everything too AND they get your half of the house

Can't believe that 'the mood of the judge' can even be a legal way of doing legal stuff .... there should be some kind of written law to cover all/most scenarios so everyone can know what they should expect.

Also wondering if this is the reason people don't get married like they used to... cos you're more likely to get hammered.

 

[G1BB0]

after all the crap I went through I doubt I will ever live with another woman let alone marry one

they can be right evil gits lol (I am sure many blokes are just as bad)

 

[DappaDonDave]

I thought my mate had it pretty good in such that he might see half his house one day... maybe he won't

Kinda pointless buying one if you might still lose it I guess....

I thought my position was pretty weak.. maybe it isn't now... maybe I was quite clever?

I'm NOT married, two kids and NOT on the deeds... it's in her name. If I were to walk I'd have to pay child maintenance I guess... if I got a job

Not sure if you have to pay the mortgage on a house that isn't yours? I'd say it was unlikely.

The downside (if there is one) is that she could theoretically boot me out any time and I'd have nothing... but that seems MORE than some of you who are on the deeds and married and are now royally screwed.... and even if you're married and on the deeds you can still get booted out... perhaps even more so if they know you'll be paying for everything too AND they get your half of the house

Can't believe that 'the mood of the judge' can even be a legal way of doing legal stuff .... there should be some kind of written law to cover all/most scenarios so everyone can know what they should expect.

Also wondering if this is the reason people don't get married like they used to... cos you're more likely to get hammered.

Laws can't do that, it's usually precedents which are set during cases which set he standard for future trials. I guess there are so many divorces, it's har to set a standard as each case is different.

 

[CliveW]

In Scotland we have The Matrimonial Homes (Scotland) Act which basically states that if you live together as joint partners in a Matrimonial Home and are/are not married, and the house is in either one or joint names, both parties have an equal share in the property in a divorce situation.

 

[JustOne]

Laws can't do that, it's usually precedents which are set during cases which set he standard for future trials. I guess there are so many divorces, it's har to set a standard as each case is different.

Sure, but you'd think it wouldn't be too difficult to say (for example) that the fella would ALWAYS get 20% minimum of his own house even if he (or his missus) did sleep with the neighbour.

 

[DappaDonDave]

Sure, but you'd think it wouldn't be too difficult to say (for example) that the fella would ALWAYS get 20% minimum of his own house even if he (or his missus) did sleep with the neighbour.

But what of his wife was a nasty person and there were extenuating circumstances which resulted in him sleeping with the neighbor?

 

[JustOne]

But what of his wife was a nasty person and there were extenuating circumstances which resulted in him sleeping with the neighbor?

At least he'd get the 20%... he could argue for more but he'd at least get his 20% which is better than nothing. Even if his missus was nice but the neighbour offered a freebie

 

[JustOne]

In Scotland we have The Matrimonial Homes (Scotland) Act which basically states that if you live together as joint partners in a Matrimonial Home and are/are not married, and the house is in either one or joint names, both parties have an equal share in the property in a divorce situation.

So if it's not the guys house he'd still be responsible for the mortgage if he decided to up and leave? or he could literally force the sale and take his half and go?

 

[sawtooth]

I thought my mate had it pretty good in such that he might see half his house one day... maybe he won't

Kinda pointless buying one if you might still lose it I guess....

I thought my position was pretty weak.. maybe it isn't now... maybe I was quite clever?

I'm NOT married, two kids and NOT on the deeds... it's in her name. If I were to walk I'd have to pay child maintenance I guess... if I got a job

Not sure if you have to pay the mortgage on a house that isn't yours? I'd say it was unlikely.

The downside (if there is one) is that she could theoretically boot me out any time and I'd have nothing... but that seems MORE than some of you who are on the deeds and married and are now royally screwed.... and even if you're married and on the deeds you can still get booted out... perhaps even more so if they know you'll be paying for everything too AND they get your half of the house

Can't believe that 'the mood of the judge' can even be a legal way of doing legal stuff .... there should be some kind of written law to cover all/most scenarios so everyone can know what they should expect.

Also wondering if this is the reason people don't get married like they used to... cos you're more likely to get hammered.

I thought if you stayed in the house as a common law husband, paid the bills etc. Then you would be entitled to a share of the house if you split up. It doesnt really matter if you are on the title deeds or contribute to the mortgage. I guess it would matter how long you contributed to the bills, etc. The longer it went on I presume the better the case for you.

Reading this thread I think the law is an absolute ass!

 

[the hammer]

All the court are interested in is the welfare of the children.
they dont take in to consideration the needs of the non custodial adult.
To me, the top and bottom of it was , She cant work as has two children to raise, you can work, therefore you pay.

 

[PNWokingham]

2 different issues here. 1. Not married means everything in relation to assets is done on equity - you take out what you put in - if the house is in her name and had her equity in it to start, it is hers - bloke has no claim unless he put in a proportion of the deposit etc - paying a share of living expenses does not count towards equity. 2. Children will be dealt with seperately and the man will have responsiility for support - probably a monthly amount

 

[chrisd]

there is always a presumption that a husband/ wife, or just living together, that the wife is entitled to half of everything, even if she hasn't worked as, by looking after the home she has contributed equally to the partnership.

 

[GreiginFife]

Common-Law is a myth. As stated its about equity.
Scotland and England are totally different so JO the examples from Scotland won't mean squat unless your mate lives north of the border.

 

[Hobbit]

Imagine your ex-wife, divorced 22 yrs, contesting YOUR mother's Will because they always got on!

Don't 'kin start me on divorce's and the law!

 

[JustOne]

Imagine your ex-wife, divorced 22 yrs, contesting YOUR mother's Will because they always got on!

Don't 'kin start me on divorce's and the law!

Don't tell me she won?

 

[MegaSteve]

Been 'lucky' with having had a really good marriage... But one or two I know have not been so fortunate...

When a brother in law divorced his gold digger of a wife they agreed on a figure of £400pcm as a fair sum for maintenace for their daughter... Anyway when it got to court the judge awarded her £600pcm which she didn't turn down...

One of the biggest causes of aggro in a friends marriage was his ownership of a classic car... When it came to divorce she only wanted half of its value as part of their settlement ...

 

[HawkeyeMS]

It's much less complicated without the Kid. My Ex decided she wanted out. We had no kids, just a house and a cat. Everything got split 50/50, she bought me out of the house and kept the damn cat. Luckily it was an amicable split so once the house and contents were done that was it. No thanks to her solicitor who spent weeks trying to convince her to try to take me to the cleaners (even though she wanted out). I guess I was lucky it was fairly easy but didn't make it any less painful. Did me a favour though otherwise I would nver have married the current Mrs H.

Probably doesn't answer any of your questions James - sorry