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House Split
#1
Hi everyone. Never thought I will be in this situation.
My wife she is threating me with divorce. We own together property.(joint ownership). We have been married 2years, in relations more than 10years.
I offered her to go and discuss our options via mediation, but she has refused and went to see a solicitor.she said I should receive a letter from solicitor shortly.
Please advise on below:
* After sale of house before we split money can my deposit returned to me? ( it's a gift from my parents)
*Money from the sale of house is used to cover the debts that we had during our marriage before we split profit.
*She is threating me ( I am biological father of one child, other child is from her second marriage he is 13yrold) what she will claim child support for non biological child untill he will reach 18year old. ( I will support him anyway but without a threat).
*She wants 70% of income from the sale of the house! Is it possible? I do agree 50/50 after our joint debts are covered.
* My biological son (7years old) surname is under mother's name. She is threating not to give my surname until she will get what's she want.(everything as per above)
* how often I would be able to see son. Would want to get full care or atleast 50/50. She has long medical history of depression.
*She said I may be evicted from house what we both have mortgage for until my son will reach 18year old if she won't get 70% of house sale!!
*Who is responsible for a child care financialy? I do pay fee for after-school and collecting him after work. She is collecting only after her working hours, she is finishing at 2pm so her work is not affected and during her days off in weekdays. I work 9-5.30pm. if I need to collect him I need to arrange (to pay)after-school and leave 30min early from work( what has been noted by my manager it affects my pay).so she is threating me if I won't book childcare on the days she is not able to finish at 2pm, this will be used against me through her solicitors.but it's me who affected financially and my work is affected too. As per her communication
" Everything you do from now on until we get a divorce will effect what happens to your son" it's sounds as a threat!!

Thank you for advise. Definitely will have more questions
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#2
(06-07-2018, 05:26 AM)AK2018 Wrote: Hi everyone. Never thought I will be in this situation.
My wife she is threating me with divorce. We own together property.(joint ownership). We have been married 2years, in relations more than 10years.
I offered her to go and discuss our options via mediation, but she has refused and went to see a solicitor.she said I should receive a letter from solicitor shortly.
Please advise on below:
* After sale of house before we split money can my deposit returned to me? ( it's a gift from my parents)
*Money from the sale of house is used to cover the debts that we had during our marriage before we split profit.
*She is threating me ( I am biological father of one child, other child is from her second marriage he is 13yrold) what she will claim child support for non biological child untill he will reach 18year old. ( I will support him anyway but without a threat).
*She wants 70% of income from the sale of the house! Is it possible? I do agree 50/50 after our joint debts are covered.
* My biological son (7years old) surname is under mother's name. She is threating not to give my surname until she will get what's she want.(everything as per  above)
* how often I would be able to see son. Would want to get full care or atleast 50/50. She has long medical history of depression.
*She said I may be evicted from house what we both have mortgage for until my son will reach 18year old if she won't get 70% of house sale!!
*Who is responsible for a child care financialy? I do pay fee for after-school and collecting him after work. She is collecting only after her working hours, she is finishing at 2pm so her work is not affected and during her days off in weekdays. I work 9-5.30pm. if I need to collect him I need to arrange (to pay)after-school and leave 30min early from work( what has been noted by my manager it affects my pay).so she is threating me if I won't book childcare on the days she is not able to finish at 2pm, this will be used against me through her solicitors.but it's me who affected financially and my work is affected too. As per her communication
" Everything you do from now on until we get a divorce will effect what happens to your son" it's sounds as a threat!!

Thank you for advise. Definitely will have more questions

get a solicitor involved in that, tell her where to go with those demands.  

50/50 is fair
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#3
Do not leave the house voluntarily
Get a solicitor involved immediately

You probably won't get 50% of the house sale but may get more than 30%
You also need to consider savings.pensions etc.
The biological father of the 13 year old should be paying Child Support??
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#4
If she is on benefits she can claim up to 70% of childcare costs for ofsted approved childcare.

You are not responsible for childcare on her days.

A court would likely order a 60/40 or 70/30 split but if she is to remain in the house until the kids leave education she will then be expected to take on the mortgage. If she can’t afford it then the house may have to be sold.
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#5
Hello fella really sorry to hear another mans shit situation.

I put all the money into the family home roughly about 64k in total. now i am looking at a 70/30 split in her favour so if i am lucky i will walk with 25k.

As much as id love to say go for 50/50 it seems to me the moment you marry and have kids together the man may as well dress up as batman and protest on the houses of parliment as we just seem to get the raw end of the deal.

I appreciate all splits are different but in my case we actually still talk pleasently when we see each other , very open and easy about the childcare if i want to see kids more she always lets me etc.......

BUT MONEY they turn into the greedy honey monster......

Good Luck mate
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#6
Thanks.

I do think about a children. But don't want her to take an advantage because of kids
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#7
Advise needed on financial part. Verbally agreed on 40/60 in ex favour ( had my priorities 50/50 childcare, child surname, house deposit )
X saying her solicitors won't do anything until house is not on the market. Don't think it is true. I am sure financial agreement can be agreed before hand.
*Cant solicitor draft that's been agreed and put house on sale or buy other party out if possible?
* Does it state by when house should be sold or put on the market?
* Options available for buying her out? Can part of payment be paid in few years time? (Eg.. remaining 10k to be paid over 5years)
* What wording I should be aware for clean break?
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#8
The proper order of things is that the financial order is drafted to say either that either that
1. the house is sold and the proceeds split as agreed
2. either of you buys the other one out as agreed.
That should then be sent off for sealing by the court - i.e. approved by a judge.
Once you get it back then you proceed with the sale or transfer of property.
I am not sure how deferred buyouts would work - it's very risky for both parties and not really a clean break.
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