Selling house after divorce
Discussion
As above - there is no "Rule" .... so what if he put in the deposit???? Maybe she bought all the cleaning products that kept it from getting dirty!
Its a marital asset - they either figure out a split themsleves (which can be based on anything they like....he gets 82% because its a fav number...doesnt matter, as long as they agree).....or a court will sort it and prob chop the equity down the middle with no kids.
Its a marital asset - they either figure out a split themsleves (which can be based on anything they like....he gets 82% because its a fav number...doesnt matter, as long as they agree).....or a court will sort it and prob chop the equity down the middle with no kids.
garyhun said:
Is this going through solicitors or are the OP' friends trying to sort this out on their own?
If the latter, then they can decide whatever they feel is fair surely?
And then 5 years down the line this happens .....If the latter, then they can decide whatever they feel is fair surely?
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The ONLY to get a binding financial split is via a Court Order.
Tiggsy said:
As above - there is no "Rule" .... so what if he put in the deposit???? Maybe she bought all the cleaning products that kept it from getting dirty!
Its a marital asset - they either figure out a split themsleves (which can be based on anything they like....he gets 82% because its a fav number...doesnt matter, as long as they agree).....or a court will sort it and prob chop the equity down the middle with no kids.
Indeed. Its a marital asset - they either figure out a split themsleves (which can be based on anything they like....he gets 82% because its a fav number...doesnt matter, as long as they agree).....or a court will sort it and prob chop the equity down the middle with no kids.
Unless you have a Declaration of Trust or a Consent Order then all bets are off.
PurpleMoonlight said:
garyhun said:
Is this going through solicitors or are the OP' friends trying to sort this out on their own?
If the latter, then they can decide whatever they feel is fair surely?
And then 5 years down the line this happens .....If the latter, then they can decide whatever they feel is fair surely?
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The ONLY to get a binding financial split is via a Court Order.
Burwood said:
That thread is just vile. It only covers (I think) her intentions to have another grab at his wallet. It doesnt say she succeeded.
Just goes to show how important a Clean Break divorce is; something my Matrimonial Solicitor tried hard to emphasise to me when I felt that I had come out of my divorce financially badly - she told me not to underestimate what a Clean Break was worth. JonRB said:
Just goes to show how important a Clean Break divorce is; something my Matrimonial Solicitor tried hard to emphasise to me when I felt that I had come out of my divorce financially badly - she told me not to underestimate what a Clean Break was worth.
Ain't that the truth!
garyhun said:
Nickyboy said:
She was worried he'd have half plus his deposit. I think she's off to get proper advice next week.
Surely if it's amicable then half plus deposit IS fair?He put £25k into THEM as a couple. Should he get back all the gifts he gave her too?
When you get married you do stuff for you as a couple.....you simply cant unwind it all later. If so, how do you allow for stuff like who did the DIY? Does that person get to submit an invoice for their work when you split?
You get married.....you merge your lives. You split, you split in half.
Its like too people making a cake....when its cooked, you get half each. If you no longer like each other you can no longer worry about the fact one of you contributed all the flour and the other only gave one egg and some chocky sprinkles!
Old Merc said:
This happened to me a long time ago but may be still relevant to this case.
My girl friend and I bought a house,I put down 60% of the deposit,she 40%,we then shared the mortgage and bills.
We also took out a legal agreement,some like "declaration of trust" or what ever??
When we split I got 60% of the equity and she got 40%.
This.My girl friend and I bought a house,I put down 60% of the deposit,she 40%,we then shared the mortgage and bills.
We also took out a legal agreement,some like "declaration of trust" or what ever??
When we split I got 60% of the equity and she got 40%.
Many would expect that any equity is split pro rata to the original deposit.
If i stump up 80% of deposit then I expect 80% of the equity derived from that risk.
DoubleSix said:
This.
Many would expect that any equity is split pro rata to the original deposit.
If i stump up 80% of deposit then I expect 80% of the equity derived from that risk.
So if you got married, put down 100% of the deposit for the house, then got divorced and sold, you'd expect everything? Many would expect that any equity is split pro rata to the original deposit.
If i stump up 80% of deposit then I expect 80% of the equity derived from that risk.
Good luck with that one.
JonRB said:
And that is why lawyers get involved. 
They love divorce disagreements, makes them rub there hands together.Adults should learn to be adults and sort problems without having to pay £50 plus per letter. Some women will fight over the last pillow, even if it cost 3k via a solicitor.
throt said:
Adults should learn to be adults and sort problems without having to pay £50 plus per letter. Some women will fight over the last pillow, even if it cost 3k via a solicitor.
Perhaps. But lawyers exist because people often can't come to an agreement, especially if both sides consider their requests to be reasonable and the other's to be unreasonable. Anyway, it's a moot point.
throt said:
JonRB said:
And that is why lawyers get involved.
They love divorce disagreements, makes them rub there hands together.Adults should learn to be adults and sort problems without having to pay £50 plus per letter. Some women will fight over the last pillow, even if it cost 3k via a solicitor.
the last time i used a lawyer it worked out £1,000 per letter-just an ordinary dispute which, looking back i started based on principle and i merely wanted the other side to have to spend moneyamusingduck said:
DoubleSix said:
This.
Many would expect that any equity is split pro rata to the original deposit.
If i stump up 80% of deposit then I expect 80% of the equity derived from that risk.
So if you got married, put down 100% of the deposit for the house, then got divorced and sold, you'd expect everything? Many would expect that any equity is split pro rata to the original deposit.
If i stump up 80% of deposit then I expect 80% of the equity derived from that risk.
Good luck with that one.
But to answer your question, yes some would.
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