Divorce - what to expect

Discussion in 'General Chat' started by dUnKle, Apr 27, 2007.

  1. dUnKle

    dUnKle
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    Be of a delicate one but advice needed for someone (and its not me, I aint even married)

    Person A meets Person B 12 years or so ago
    Person A and B get married 10 years ago

    Person B already has there own house - although its not paid for

    Person A now married to Person B moves in with them

    Person B goes on mortgage papers etc and contributes to mortgage and bills

    3 years or so ago Person A uses savings of 33 Thousand to clear Mortgage

    Person A and B start to no longer get on as well during last 12 months

    Person A and B decide to split

    Person A and B go for divorce

    Few other things to mention

    No other parties are involved - just both persons sort of fell out of love
    Person B is female and due to MS has not worked in over 12 years

    What realisticly should each party expect to recive
     
  2. mavrick47

    mavrick47
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    as i have been in this position myself unless there is a pre nup contract its 50/50:(
     
  3. dUnKle

    dUnKle
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    See thats what I and Person A would have thought

    However Person A went to solicitor yesterday and by all accounts due to person B having the illness and never being able to work again, they would not be able to get a mortgage and as such Person A can not expect much at all

    I find this very hard to believe
     
  4. Mr Incredible

    Mr Incredible
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    What happened to Person's B property which was mortgaged before they got married? Did she sell it and the proceeds went into Person's A house? If Person B has had MS and unable to work for over 12 years, how come she got her name on the joint mortgage? If she has been unable to work, what and how was she able to "contribute to the mortgage and bills"? Has she an independent income from investments?

    Something doesn't add up at all.
     
  5. dUnKle

    dUnKle
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    Will clarify

    Person B had rather succesful career and purchased there own house around 18 years ago before being married and meeting Person A. When they get Married Person A starts paying pretty much half of all bills and they share things equally. Person A is legally placed onto deeds / mortgage of house (im sure there is correct term for this) Person A never had a house before moving in with Person B. Had lived with parents until married and managed to save a lot of money by doing so.

    The Mortgage itself is not huge - mainly due to the price of the hosue when purchased etc - after a few years of living and paying the mortgage together Person A uses savings to pretty much clear the Mortage off

    When person B had to leave work they did so by being medically retired (despite being early 40s at the time) they claim benefits and sickness pension (Im not sure of the full facts here but its apprantly a fairly good income as they had worked for same financial firm sunce leaving school)


    Please excuse the use of Person A and B but feel its easier to get fair assesment

    I would at least of thought the value of house now would have to be found and incomes of both parties known
     
  6. unique

    unique
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    i'm not an expert on this, but based on hearing stories from other people i've known, i understand that by law the house that a married couple live in has to be in joint names, even if only one person actually pays the mortgage. this is so that wives own half of the marital home, even if they don't pay the mortgage, because traditionally it was common for women to stay at home to bring up kids and not be able to work and earn an income to pay for the mortgage and bills, yet because she has cooked, cleaned, brought up kids, etc, she has contributed to the household

    you'll see plenty of cases of famous/rich people where the wife didn't have a job, but still walked away with half the money earned during the time they spent together, as the wife's support is deemed worthy of half the income that the partnership earns

    whats unusual in this case is for the person with MS to be awarded more. it might pivot around the time when person A met person B with MS, whether it was before or after they had MS or diagnosed with MS. likewise another important issue could be when the savings of £33k to repay the mortgage were accrued. if they were saved before the marriage or meeting person B it could be another story.

    even tho the house was originally person B's, the female, i would have expected a 50/50 split based on the current value, minus the repaid value at the time person A moved in (ie. property work £50k, £10k paid, they had a 20% stake then)

    i would suggest speaking to a few divorce specialist lawyers and finding a good one, there's obviously a lot of money at stake
     
  7. unique

    unique
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    so person B's house was prettymuch all paid for when person A moved in? the £33k they paid just cleared a relatively small part of the mortgage?

    if thats the case, my understanding would be that the percentage of that (ie. 10% of the value of the house) is what person A would maybe get. because person B owned most of the house before meeting/marrying person A, thats "in the bank" and can't be split in a divorce

    the fact that person B paid all the bills etc and person A didn't contribute anything during that period doesn't have much bearing really, it's all about splitting savings and owned items, like house, car, etc
     
  8. dUnKle

    dUnKle
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    Dont know the exact figure but belive that the house was not purchased for a huge amount (worth about 150 now) back when Person B got it around 18 years ago (around 8 years before getting married)

    The 33 grand of Person A's was mostly from savings before being married (had lived at home with aprents allowing to save fair bit) and this was used to pay off the final chunk of mortgage just under 3 years ago

    So you have 7 years of them paying mortgage together and then it being paid off with final lump sum

    Please excuse figures and dates - none of them are exact - but just trying to get an idea of what they shoudl expect - was shocked to hear one solicitor advise that person A will possibly get nothing
     
  9. unique

    unique
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    as i say, i'm no expert, but maybe "nothing" is a slight exageration. i would imagine person A would get a percentage back based on what they have contributed to the mortgage (or perhaps half of what they contributed to the mortgage, as i think that during the period that a couple is together, they are supposedly contributing 50/50, so if one person is paying the whole lot, they are effectively "gifting" that on the other persons behalf)

    my dad for example paid the entire mortgage for the first and then second flat (the first was sold to move to the second), yet by law my mum is entitled to 50% of the flat, even tho she never paid a penny. she would also be entitled to 50% of my dads savings if they divorced, even tho my dad paid all the mortgage, bills and saved that amount himself. my mum didn't work for years as she was raising the family, which i understand divorce courts see as the reason a wife is entitled to a 50/50 split for that earned/saved during the marraige
     
  10. FaxFan2002

    FaxFan2002
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    Been through something similar myself - here's my advice:

    Solicitors do not make the rules, after all they only hear one side of the story.

    Don't use a solicitor, apply to the court for a divorce hearing and fill in the "form E" when it arrives - you may need a solicitor to do this bit for you.

    Hire a barrister for actual hearing to argue you corner.

    The judge will then decide what is / isn't fair within the bounds of the law.

    I basically spent 4k on solicitors as did my ex and there "advice" and "arguing" got us nowhere. What the judge said was fair and in the boundaries of the law bore no semblance to the solicitor's advice - on either side.
     

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