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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2293
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my soon to be ex husband make me sell MY house when we

Customer Question

Can my soon to be ex husband make me sell MY house when we divorce. I paid for it and have done all the works and paid for that too. I took out a 10k loan and borrowed 5k from my mother as it was not mortgagable due to it being owned by the bank. All the proceeds came from the sale of MY last property that I bought before I met him. The house is solely in my name??
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Married 3.5 years, no children. I have filed for divorce but we cannot agree on finances. He says he is going to make me sell my house as he is entitled to half?? This cannot be true
Submitted: 8 months ago.
Category: Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?

-Is the home you refer to the former matrimonial home?
-What is the value of the property, and what is the outstanding mortgage?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-Who is now living in the property?

-Did you cohabit immediately prior to the marriage, if so how long for?

Customer: replied 8 months ago.
England
I am 50, he is 58
Yes, I bought it 1 year ago and we have both lived in it
Value 185k, mortgage 25k
I have no other assets, neither does he
I earn 16k, he is self employed but DECLARES about 25k
We are both in the house as he refuses to leave
We lived together for just under a year prior to marriage in my house that I sold to buy this one
Customer: replied 8 months ago.
He has about 8k in bank but a lot more hidden in a tin as he is on a debt management programme and doesn't want to show he has money in the bank. I know of the tin but he is denying he has it
Customer: replied 8 months ago.
When we met he owned a mobile home that he sold for 45k and says he has no money left after wedding and a few holidays
Customer: replied 8 months ago.
Thinks he is entitled to half my house
Customer: replied 8 months ago.
Sorry house worth 285k not 185k
Expert:  Harris replied 8 months ago.

Thank you for confirming. Firstly, as the property is the former matrimonial home and it was bought during the marriage it will be considered a matrimonial asset despite you funding it solely and it being in your name. Your husband will also have matrimonial home rights which entitled him to occupy the property until divorce and for him to claim a share of the property. Initially he cannot force you to sell the home, but he would be entitled to claim a share of it.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Given the short marriage and no children, your contributions will also be taken into account. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 8 months ago.
do you think he will get much?? I cannot believe he can get money from a property I had years before I met him an have worked so hard for and he has allowed me to pay for everything, 3k windows 2k new boiler and plumbing?? this seems to unfair. He has a gambling problem also. How can this be right.
Expert:  Harris replied 8 months ago.

In your response you have stated that the property was bought 1 year ago and the marriage is 3.5 years long? Is this correct?

Customer: replied 8 months ago.
when we met I had another property which he moved in to for 3 years then I bought the new one which we have lived in for 1 year.
Expert:  Harris replied 8 months ago.

Therefore the property was acquired during the marriage and is a matrimonial asset.

Unfortunately, there are certain rights that arise when you marry someone and this includes a right to obtain financial relief from each other. Given the short marriage, your contributions will be considered which will reduce the amount that he can claim and will be a strong argument for the court to depart from the starting point of a 50-50 split of matrimonial assets.

Customer: replied 8 months ago.
I am beside myself with worry. I have no way of raising money to pay him so looks like I will have to sell my home. He has travelled to world on a credit card which is how he accrued 28k of debt. I on the other hand have worked all my life, was a single parent for 13 years with no financial help from their father. This is just so cruel.
Expert:  Harris replied 8 months ago.

I would suggest that you do not make any decisions regarding selling the property immediately, especially as there is no urgency. Your husband cannot sell the property himself and would need to pursue a court application if nothing is agreed between you.

In the circumstances, if nothing can be reached between you a referral should be made to an independent mediator to assist you both - you can find independent mediators here: http://www.familymediationcouncil.org.uk

Customer: replied 8 months ago.
I feel even worse now. How can the law give him so much rights to my hard earned money. I will fight to the end.!!
Expert:  Harris replied 8 months ago.

Unfortunately, as stated previously, these rights arise due to the marriage.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Harris, Law Specialist
Category: Law
Satisfied Customers: 2293
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Can you please offer any advise on how much he may get of MY money?
Expert:  Harris replied 7 months ago.

The starting point will be 50% of the matrimonial assets and there needs to be assessment as to what other assets you both have and what both your reasonable needs are and how these can be met from the assets. Unfortunately, in divorce cases it is not a simple percentage but a detailed assessment that is required.

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