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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11022
Experience:  I have been practising for 30 years.
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My partner and I are about to buy a house together. He has

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My partner and I are about to buy a house together. He has been separated from his wife for 18 months and previously she wouldn’t agree to a divorce. Their marital home was sold and she took a higher percentage, and purchased a house mortgage free (as it was his only option to get out). She now wants a divorce and he is now selling his house purchased since, and she is trying to claim money out of it and also spouse maintenance. His house is fully mortgaged and hers has 100% equity.. can he now turn it around and insist to take his share of her house in the divorce proceedings? And is she entitled to maintenance now that all children have grown up?

Good afternoon. I will try to assist with your question but need more info - also I apologise if delayed in replying

how long were they together and married in total?

why did she take a higher percentage of the house sale?

Customer: replied 2 months ago.
Hi, married for 20 years. Yes the house was sold and she actually took some of his share with the agreement to remortgage within 4 years giving him his share back. She is now stating this doesn’t stand and all savings etc were also split at the time.
Customer: replied 2 months ago.
Hi, married for 20 years. Yes the house was sold and she actually took some of his share with the agreement to remortgage within 4 years giving him his share back. She is now stating this doesn’t stand and all savings etc were also split at the time. She was threatening to jeopardise the house sale and basically it was his only way out!

Just let me get the facts right here.

They are about to get divorced and they agreed on the split of the matrimonial home which was in her favour.

She’s bought a house mortgage free and he has a house which may or may not have a mortgage on.

She wants to keep her house and have a chunk of his house.

Is that the situation?

Was there any financial order sealed by the court at the time of the breakup?

How old are the children?

What do they both earn?

What other asset savings and pensions are there?

What was the value of the matrimonial home and what was the mortgage outstanding?

You say that she is trying to jeopardise the sale. The sale of what?

Customer: replied 2 months ago.
That is correct..his house now is mortgaged. She hasnt mentioned her house but we are assuming she thinks hers wont come in to the equation.
No financial order sealed at the time. Children are 20 and 22
They agreed not to touch each others pensions..any other savings were split 50/50 at the time.
The reason she took a greater share of the marital home proceeds was because if he didnt agree to it, she was threatening to pull the house out of the chain.

The children are out of the equation in respect of child maintenance although there are going to university, they may make a claim against their father under the Children’s Act.

At the ages the children are, there is no requirement for a house and if there was a sale of the former matrimonial home and she did get a bigger share than 50%, then unless there was a compelling reason why she should have got a bigger share (perhaps he kept a bigger pension and some savings) then if she were to go back to try to claim some of his new house, then I would turn it back on her and say that I would be wanting the balance of the former matrimonial home to bring the split to 50%.

Based upon what you told me, it defies all logic that she is now making a claim on the property that he purchase if she thinks that he does not have a claim on hers. Each cancels the other out.

I’m not certain if I’m missing something here or whether the facts are simply as stated and his wife is somewhat delusional as to what she think she’s entitled to.

Customer: replied 2 months ago.
Thank you - she is very delusional and somewhat bitter. He is also paying for his son to go to university - so no claim to be made there. We just wanted it all clear (without the massive legal costs to simply get an answer).

Well, there you have it. You have your answer.

Before you go (you can come back here at any time as the thread stays open), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

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