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messy divorce - entitlements

Discussion in 'Personal' started by rihlana, Jun 7, 2011.

  1. I have separated from my emotionally abusive husband yesterday, he ownd the house of £ 300.000 outright, in case of divorce, would I get any share of it? Please advise.
     
  2. I have separated from my emotionally abusive husband yesterday, he ownd the house of £ 300.000 outright, in case of divorce, would I get any share of it? Please advise.
     
  3. Half. And half of all the savings and pensions. Freeze any joint accounts you have. Employ a solicitor now.
     
  4. huh?
    Is this English law?
    He owns the house. His savings are his. His pension (unless you have a division policy) is his.
    You can't just take, take, take, financially, even if abused.
    And 50/50 of you have contributed nothing is not fair. Is English law like American law?
    God forbid.
    However, rihlana, I am sorry to hear of your tough time and would advise you likewise to speak with a solicitor, not with us.

     
  5. andromache

    andromache New commenter

    yup. see a solicitor asap. and i'm sorry you've had such an awful time.
     
  6. I haven't contributed anything like 50% financially to this household. But I would expect my contributions in services to be given equal respect.
     
  7. btw, rihlana, just to reassure you - he cannot just turf you out, either.
    Get to a solicitor, tout de suite. Tomorrow.

     
  8. doomzebra

    doomzebra Occasional commenter

    What a bloody awful and twisted view of marriage
     
  9. doomzebra

    doomzebra Occasional commenter

    http://legal-zone.co.uk/div_property
    You have no ENTITLEMENT to anything but the courts will start at a 50:50 split of assets and then adjust the division according to the circumstances and needs of both parties after the divorce
     
  10. You misunderstand me - of course she has a right to stuff - just not necessarily 50/50. The length of marriage, etc, must also be taken into account, and I am sure rihlana contributed fincancially otherwise - this must be set off.
    As far as I am aware, no children are involved, which makes it easier.
    This has to be negotiated via a solicitor.
    rihlana, if you are not a British citizen, consider filing for divorce in the country you are from. You must be the one to file divorce though. It is difficult, but possible. I chose not to. But you can.

     
  11. Which is basically what I said, innit?
     
  12. doomzebra

    doomzebra Occasional commenter

    Not even close- you considered that the 50:50 split should be adjusted by factors that happened BEFORE the divorce(such as who bought what, and how long they had been together). Generally these factors are irrelevant under English law and it is the circumstances of each party AFTER the divorce that determines any reweighting away from 50:50
     
  13. Nope, you have totally misunderstood me.
    And I explicitly avoided mentioning German law, which is very different, as it would be of no help to rihlana, unless she happens to be from Germany.

     
  14. 18 years of mariage ,and one 17 year old daughter
     
  15. So she can decide where to live. Neither your husband or you can determine.
    Get a solicitor, rihlana.

     
  16. why would that be of advantage?
     
  17. done that.
     
  18. The divorce is one thing and the settlement is another.

    The settlement aims to put both of you where you would be had the marriage never happened - or as close to that as possible.
    Had you not been married you would presumably have bought a home of your own and it is that that will entitle you to a share of the house.
    If you had not married you may have moved to take on a more lucrative job or paid more into a pension, this is also taken into account.
    You mentioned a daughter - she will have to be provided for from the divorce too.
    It's quite complicated and the best advise has already been given - get a solicitor ASAP. Your daughter might want one of her own, assuming she is not earning she might get legal aid and it is not a bad idea to have someone independent fighting her corner.
    From friends' experiences you will have some entitlement to the house, it may need to be sold, or it may be that you can continue to live in it - where does daughter live?
    One friend had the option of taking half the money or living in the house. If she stayed in the house it would have been until her youngest was 18 and if she remarried she would also have to leave.

    All the best with whatever happens
     
  19. moonpenny

    moonpenny Occasional commenter

  20. isnt this the 'for worse' bit of the vows you once took?
     

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