Divorcing - no kids - we both owned houses before we got married

T

Trombone

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Hi
Could someone please give me advice on divorce and assets. I have been married for six years I own my own property for ten years before I married my husband and paid my mortgage off two years ago. My husband owns his own property when we were dating and has also paid his mortgage off. Both houses are of equal value. He rents his out and we lived in mine. Mu name is solely on my property and his is solely on his property. We don't have children. My question is when we divorce is he entitled to any of my property. I would like it just to be he has his property and I have mine but he is getting nasty now and is insisting that he will make me sell my property so he can get some money. Can he or tge courts make me sell my property and is he entitled to it. Thanks in advance for any advice
 
Hi, This is interesting. Have you considered Mediation ? Mediation will provide an opportunity for you both set out expectation in the event of a divorce and how you both propose to settle financial matters, without the input from the courts, however, I would seek a legal opinion in all matters. There are no children, this is one of the biggest priorities in settling matters in a divorce. You can remove this concern.

So, if he is thinking of making you sell your home, so he can make money, Has he considered you could equally press him to sell his home, that he doesn't live in, so you can get money !! Do you receive anything from the rental income he receives on his property? You both have equal value homes to live in separately with no children, no need to agree proper provision for children, if he wishes to go through the Courts, they may consider all the facts, length of marriage, property bought prior to the marriage, current income etc, where are you going live if you have to sell your property to give him momey when he already has a house with no mortgage....., a costly route for them to see there are no children, both of you own equal value properties, he is living in your home, does he pay rent? He has rental income from his own property, do you get a share of his income after tax, he can take the property back if he intends to live in it or sell it, can he downgrade, he might make some money there !

I doubt there is room for him to get money in this situation.
 
Bobby2013 said:
Hi, This is interesting. Have you considered Mediation ? Mediation will provide an opportunity for you both set out expectation in the event of a divorce and how you both propose to settle financial matters, without the input from the courts, however, I would seek a legal opinion in all matters. There are no children, this is one of the biggest priorities in settling matters in a divorce. You can remove this concern.

So, if he is thinking of making you sell your home, so he can make money, Has he considered you could equally press him to sell his home, that he doesn't live in, so you can get money !! Do you receive anything from the rental income he receives on his property? You both have equal value homes to live in separately with no children, no need to agree proper provision for children, if he wishes to go through the Courts, they may consider all the facts, length of marriage, property bought prior to the marriage, current income etc, where are you going live if you have to sell your property to give him momey when he already has a house with no mortgage....., a costly route for them to see there are no children, both of you own equal value properties, he is living in your home, does he pay rent? He has rental income from his own property, do you get a share of his income after tax, he can take the property back if he intends to live in it or sell it, can he downgrade, he might make some money there !

I doubt there is room for him to get money in this situation.
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Hi
Thank you fior the reply. I rented mine for a year and we lived in his he got half the rent from that. Than we moved to mine and I got half the rent from he's. We both earn the same amount of money and went half on all work for both households. He just wants me to sell mine because I have an attachment to my house and he's trying to hurt me.
 
Well, sit tight apart from consulting a solicitor. The solicitor will consider all the facts of the case and advise you accordingly. I am not a lawyer, but maybe your solicitor will advise writing to him asking him to stop communicating with you and to communicate only via your solicitor from now on.

Brendan
 
Brendan Burgess said:
Well, sit tight apart from consulting a solicitor. The solicitor will consider all the facts of the case and advise you accordingly. I am not a lawyer, but maybe your solicitor will advise writing to him asking him to stop communicating with you and to communicate only via your solicitor from now on.

Brendan
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That could be both tricky and unpleasant if they're both going to continue living in the same house.
 
Agree, but it sounds tricky and unpleasant already.

I am not advising it but just suggesting that their solicitor might well advise something other than doing nothing.

Brendan
 
DannyBoyD said:
So disengage from the behaviour & don't respond to it.

He can't force you to do anything without a court order; and on the face of it, I don't see that its likely he'll succeed.

Sit tight & do nothing for now.
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I certainly wouldn't engage in a discussion about it.
@Trombone, I'd suggest mediation to him and have a standard answer along the lines that he's aware of your wished and you'll leave it for the Court to decide.
I don't see how a judge would force the extra costs of a sale of both properties on you and your husband when your resources can be split equally and equitably without incurring that cost.
 
Purple said:
I certainly wouldn't engage in a discussion about it.
@Trombone, I'd suggest mediation to him and have a standard answer along the lines that he's aware of your wished and you'll leave it for the Court to decide.
I don't see how a judge would force the extra costs of a sale of both properties on you and your husband when your resources can be split equally and equitably without incurring that cost.
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The idea of Mediation is to resolve matters outside of the courts, which is costly if you pursue that route,..... Finding agreement in Mediation will remove the need for the courts to resolve it for you if your both open to resolving it amicably. Best of luck
 
Trombone said:
Hi
Thank you fior the reply. I rented mine for a year and we lived in his he got half the rent from that. Than we moved to mine and I got half the rent from he's. We both earn the same amount of money and went half on all work for both households. He just wants me to sell mine because I have an attachment to my house and he's trying to hurt me.
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There's no dealing with someone trying to emotionally blackmail you. Don't engage with him. Has he moved out? Based on your posts I cannot see how he'd be entitled to any financial settlement from your house.
 
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