Mate's getting divorced - entitlement question
Discussion
Thankfully have not had to suffer this myself but a good friend is in the process of extracting himself from what has been a fairly toxic two year marriage.
I'm giving him a little moral support which also includes the need to adjust his expectations, one of which is the value of his entitlement which to me, seems out of kilter with reality.
Nutshell is that he moved into his wife's home which she owns outright. His only contribution to the running of the house since he's been there has been food and the occasional contribution to bills (He's been trying to set up a business so has had very little income over this period)
He is of the strong belief that he is entitled to half the value of the house.
Is that right??
I'm giving him a little moral support which also includes the need to adjust his expectations, one of which is the value of his entitlement which to me, seems out of kilter with reality.
Nutshell is that he moved into his wife's home which she owns outright. His only contribution to the running of the house since he's been there has been food and the occasional contribution to bills (He's been trying to set up a business so has had very little income over this period)
He is of the strong belief that he is entitled to half the value of the house.
Is that right??
If the marriage is less than five years, it is very unlikely that he will get a 50/50% split. (short marraiage)
Asset division is much more likely to look at who brought what to the marriage and return both parties to the state they were in prior to the happy union.
Might take a while to sort out, but as she has a house and presumable an income, how much is he willing to invest on a gamble.
If she makes him a cash offer to walk - he should probably take it.
I know a couple where she was the high earner and he struggled to keep a job down for any length of time. I got the impression that she basically supported his lifestyle, she had bought him a car and paid for everything.
They had bought a house together, I have no idea what he contributed to the mortgage and what his deposit was if anything. They didn't have any children and were married for less than five years.
When it came to the divorce she offered him £60K to walk away, he turned this down and told her he wanted half her pension and savings and essentially to be kept in the lifestyle to which he had become accustomed.
It ended up going to court, the judge instantly dismissed all of his claims as he was in his 30s and more than capable of supporting himself. The judge stated that the only asset to discuss was the marital home and decided that he was entitled to £60K.
I believe he incurred quite considerable legal costs and felt VERY hard done by.
They had bought a house together, I have no idea what he contributed to the mortgage and what his deposit was if anything. They didn't have any children and were married for less than five years.
When it came to the divorce she offered him £60K to walk away, he turned this down and told her he wanted half her pension and savings and essentially to be kept in the lifestyle to which he had become accustomed.
It ended up going to court, the judge instantly dismissed all of his claims as he was in his 30s and more than capable of supporting himself. The judge stated that the only asset to discuss was the marital home and decided that he was entitled to £60K.
I believe he incurred quite considerable legal costs and felt VERY hard done by.
Gargamel said:
If the marriage is less than five years, it is very unlikely that he will get a 50/50% split. (short marraiage)
Asset division is much more likely to look at who brought what to the marriage and return both parties to the state they were in prior to the happy union.
Might take a while to sort out, but as she has a house and presumable an income, how much is he willing to invest on a gamble.
If she makes him a cash offer to walk - he should probably take it.
Yep this. General rule with divorce is 50/50 but in a short marriage, there's a strong argument that it should revert to the pre-marriage position. Asset division is much more likely to look at who brought what to the marriage and return both parties to the state they were in prior to the happy union.
Might take a while to sort out, but as she has a house and presumable an income, how much is he willing to invest on a gamble.
If she makes him a cash offer to walk - he should probably take it.
Defo worth your friend getting some legal advice to manage his expectations.
StevieBee said:
Thanks chaps. Seeing him later so useful info which matches my thinking.
I think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets,
all of his own doing but a sad place to be at that stage of your life.
In which case, why should this be her problem?I think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets,
all of his own doing but a sad place to be at that stage of your life.
StevieBee said:
Thanks chaps. Seeing him later so useful info which matches my thinking.
I think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets, all of his own doing but a sad place to be at that stage of your life.
You kind of see why he grasping at straws then sadlyI think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets, all of his own doing but a sad place to be at that stage of your life.
Did he have an income or his own home before he met her?
The Ferret said:
StevieBee said:
Thanks chaps. Seeing him later so useful info which matches my thinking.
I think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets,
all of his own doing but a sad place to be at that stage of your life.
In which case, why should this be her problem?I think he's panicking a bit which is skewing his mindset. He'll be 60 with no home, income or assets,
all of his own doing but a sad place to be at that stage of your life.
He isn't owed a lifestyle at his wife expense.
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