How is the PROPERTY divided in a divorce?
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- Опубликовано: 18 сен 2024
- Following the response of her recent TikTok video, in this video Mum continues to explain the different scenarios of how the equity is divided when only 1 person has made a financial contribution.
This is Information and NOT advice.
Tracey is a Family Solicitor in England & Wales.
Absolutely love your videos- from a first year law student!
Thanks for the feedback, all the best with your career!
Beautiful lady Beautiful voice and excellent advice ❤ 👌
Ok. Scenario question.
A person works to cover the financial cost of the home. The partner states they “aren’t built for work” and despite being a stay at home parent, the person who works cooks the meals, does the cleaning, sorts clothes and lunchboxes and so on. The partners only contribution is the school run so the other is able to work.
Upon separation, the person who works now needs to work more, gets less than 50:50 from the divorce because, as you say in this video, the court needs to look at who the kids will stay with, has to not only cover the cost of housing themself but also now has to pay child maintenance and spousal maintenance..exponentially increasing the burden on that person while the other sits back, living off the unequal settlement and maintenance funds coming in.
How is that fair?
It isn't. This madness will only stop when Western men stop being naive and move to a country without feminist laws. Let Western countries starve for competent men and give your hard work to a country that won't reward a woman for leaving a relationship.
Love the information you provide but absolutely hate the legal system, as a guy with a house and mortgage and long term girlfriend, i dread moving forward incase i get screwed over just because she ended up living with me and contributing significantly less, if at all. Adding kids to the mix is even scarier…i haven’t worked the hours I’ve worked and missed out on my own life to have nice possessions just hand it to someone else if things go bad
It's a really scary prospect.
That's why I'm staying single and no one is having my house.
Don't get married, period, you will block all that can be blocked.
Do *not* get married. If you are being pressured into it, or are still hell bent on getting hitched, make sure you understand the statistics for marriage, the ramifications of no fault Divorce laws, and the way as a man you will be treated in that divorce - marriage is a legal contract, most men do not understand the level of risk they are taking to their family and access to it, their mental health, their physical health, and their financial wealth ... In getting married.
I’ve been separated for 6.5 years, since 2016, married in 2002.
Joint mortgage, kids are 19 and 17, youngest has autism and learning disabilities so will always be dependent on me.
Ex was homeless when I met him! So literally nothing to his name but the clothes on his back.
I had my own mobile home for 10 years (paid finance for) and 6 grand in bank, which paid for newer mobile home off site.
Sale of home got us 55k and 28k went on deposit.
I always worked, tho earned less, but always enough to cover mortgage, he earned more.
I only earn 9k now due to caring responsibilities, him about 35k
I’ve paid over 75k since he moved out, he’s paid just minimum child support.
He also left me with joint IVA of 8k to pay.
He wants his cut and thinks 50-75k is fair but I’ve no way to pay that?!
When divorcing, we will have to divide money since it now belongs to both of us.
Are we also going to divide our bodies since it now belongs to both of us.
This means we will have to split our bodies into two, split our ideas in our memories into two.
Why is it only 'material' assets (like money and cars etc) that we split??
Your videos are so helpful, thank you! What if my spouse and I are expats living in the UK and the house we lived in when we were married is in the US? We’re going through the UK divorce process, but just curious how international properties are handled.
So international property will still be included within the asset value during the divorce process. However enforcing a UK order in the US if that is needed will require the help of an American lawyer.
Hi,
I got married in 2016 when myself and my wife were living in my property which I owned solely by myself since 2007 then I sold the property in 2020, when I sold the property with the equity from the sale we purchased a house together in both our names, I have paid all the bills since living in this house and my wife pays for the food. We have a young daughter of 5 years old and we want to part our ways. Will the courts take into consideration that as a father I will also need enough money to purchase a property for myself to live in and for somewhere for my daughter to stay in when I have her stay with me?
Sadly not. They will give priority to the parent who has residency of the children in regards to housing needs.
dam why people get married still and get the state involved is mad in this day and age with all the information out there.
Is there a difference between joint tenants and tenants in common? I bought a house with my then girlfriend as tenants in common, and signed some kind of form to state my deposit contribution as being greater therefore would get it back if we separated. Doesn’t matter now as we’re married but curious if it actually mattered at the time?
Joint tenants hold the property in equal shares and if one of you die that persons 50% share automatically passes to the other. Tenants in common hold the property in either equal shares or unequal shares to reflect a bigger contribution such as deposit. In addition as tenants in common if one of you die your share will pass to the beneficiary in your will as opposed to the other person.
Why should an unmarried couple who have a joint mortgage ,have no children, and only one person is paying the mortgage end up splitting 50/50? In my case my partner walked out after only a few months from moving in, then the financial crash hit in 2008, so getting a remortgage or change of equity was a no go. 15 years later I'm now in a position to remortgage, why should she get 50% when I have paid every single penny to that mortgage and updated the property? She lives in council accommodation and doesn't work.
Great videos and really informative, could you please advice me regarding a consent order, I’m 99% sure the court didn’t issue one. My question is firstly how can I check if an order was issued and secondly how do I get a copy? Thanks again your presentation skills are spectacular 👏👏👏 thanks you T
Unfortunately our ligal system is not fair for man and not encouraging to get married, In short if you get married as man you will be screwed in case of divorce in UK . Think thousand times carefully before getting married. 😌
Can someone please try to comment on outcome of following scenario: house jointly owned. 2 children aged 6 and 9, one with special needs. Father had to move out due to ex not allowing him to remain. Father is happy for ex and children to remain at the matrimonial home until children come of age or property is sold, whichever comes first. Father happy to pay his share of the mortgage payments despite not being allowed to reside there. Both parties made equal contribution towards purchase. Small mortgage remaining. What's likely scenario? Father wishes for 50/50 to remain in terms of ownership. Ex wants 100%.
What would happen in this scenario please? Married couple bought in joint names and when their children became adults they separated and the female moved out. Several years later the male used his redundancy to pay off the remaining balance of the mortgage. Several years pass again and the male requests a divorce. Following this both are still shown as joint owners of the property. Male now wants to marry his new partner. In the event of the male passing what happens to the property? Does the new partner have a claim or does it go to the 1st wife who is still a joint owner?
What if within the married couple, the man isn’t the father of the children? They jointly have a mortgage on the property and have been married 4 years but the 2 children were from a previous relationship. Her children are 7 and 10. Would she still get around 70/30? She wants to stay in the large 4 bed house they currently have but this would mean leaving my brother with nothing as she wants to give him £5,000 and leave his name on the mortgage because she can’t afford that house on her own. But she could downsize to a smaller property surely and allow him some of the equity so he can live somewhere else. Is that a possibility that he could come away with absolutely nothing
What happens if the children are living with separate parents i.e. one with the father and one with the mother
What happens to equity if the marital home gets repossessed and there is no agreement sorted? Thankyou
If it's repossessed that would indicate there are arrears on the mortgage, so therefore in reality is there actually any equity? Because repossession proceedings may not sell the property at true market value.
What's unfair is that the stay at home mother puts hers own and her children's welfare in jeopardy by filing for divorce when she has no job and no money and the court then gives the majority of the assets to her because of the situation she herself created. It is basically a reward for being irresponsible.
Essentially the message is to not marry. I am for marriage - however the term means different things legally depending on the country.
Marriage is a contract which has a flavour (rules and expectations held to/by).
You can try to pick your own ice cream (prenup), but if you have a problem with vanilla (default laws of the country) - its best to avoid having an ice-cream altogether...because the ice-cream man (judge) may not give you the flavor you asked for!
Hi what if you have know children together and have been married 9 years and he is 64 and she is 50 years old and does not pay any bills and he has a landlord business which he had long before they was together would she be able to go for half?
Thanks for the question however there is so much i would need to know before i could provide any advise. I do offer telephone consultations and if you wanted to know more please let me know. Or send an email to tracey@moloneyfamilylaw.com
Please can I ask your advice, me and my husband I’ve been separated for four years now after he had an affair. We are amicable and agreed that I would live in the marital home with the children (16 and 8) and would both pay half of the mortgage until the house is paid off, when the property sells we will both get 50-50. I am wanting a divorce and looking to do this myself, do I have to have anything in place to confirm our agreement. I am not in a position at the present time to sell the house and move as there is not very much equity in it. If we get divorced will I still be able to stay there or could he force me to sell. TIA
you will need to begin the divorce process and then take legal advice with regards to getting that agreement placed into an order
Don't do it.. stick to the agreement and stop being another sëlfish entitlëd modern woman.. only do it if you are ready to live the rest of your life alone and fully fund your retirement too and also you will have failed your kids since they won't have a father figure anymore and remember no woman can raise a boy to be a man,, the girls too need some dad lessons don't deny them this luxury.. I'm sure you enjoyed it too
Can I ask what if the property was bought by two sisters but one contributed more?
that falls outside of family law - sorry -
Hi I have 2 female friends
That split with there husband / partner when they left 8 years ago they they both said they can live in their houses until the kids are 18
They both did not pay towards any mortgage during this time but now the Ex’s want there half of the homes
What would happen ?
And what share would the ex’s been entitled to ?
Thank you x
California court ?
my ex-wife applied for Divorce three years ago but after that she filed a property case and the Divorce was stopped.
Now court is taking too long to resolve the property issue and the divorce is still stopped plz guide me how to do my divorce.
How do you split the house, if the property is abroad?
My mums mortgage was paid in 2012. She met her husband in 2017 and married him 2020. No children together, if they split or my mum passes away is he entitled to anything? All maintenance on the house is paid for by my mum x
Yes, he is entitled as her husband to her assets but given its such a short marriage I doubt it would be a 50:50 divide
Thankyou for your advice x
What if people are married in community of property?
I am going through a divorce the house is in my wife’s name we are legally married in the UK and have been for 8+ years she wants to divorce me and she wants to talk about finance. what are my options. ? Please help.
Complicated question. My ex was a tenant in common on my house and owned 10% equity. He then left and went bankrupt and i had to pay the 10% to insolvency. My enquiries to take his name off mortgage came to a dead end as Tsb wd not allow me to take it on in my own name. I dont meet affordability. I have no contact with him but now own 100% of equity. He is on land registry and mortgage can he still make a claim on house? Will he inherit if I die. Sorry feel sick abt this. Saw u on tik tok a while ago and u got me thinking abt ur video with person being on land registry. I checked last night i thought solicitor had told me i had bought his interest back but there was never a declaration if interest. Love ur videos by the way. U are amazing xx
Yes he can make a claim on the house. Unable to answer question with regards to after she passes. Speak with a specialist with regards to wills.
What if the property was purchased years before you met your spouse and you buy a property together which is the matrimonial property. Is the property you purchased years ago affected in the divorce?
yes
Can I ask if I marry my partner and a prenup is in place and its only my name on the mortgage...he isn't paying the mortgage each month I am. we go halves on all other house hold bills. What then happens in the event of a split. If the prenup states the house will be mine
While prenups are not legally binding the courts are more and more being guided by them. The trick is always revisit your prenup on a regular basis i.e 4 years and also update when there has been a change in circumstance such as a baby being born or redundancy from a job.
@@thelegalqueen thank you so much
My husband and I are getting divorced because he is having an affair. I had to get a home rights on the house because he was going to sell the house while I was at work. So now he is saying that he can’t sell the house because the home rights is on the house. Can the house go on the market until nearly the end and then you take it off. I have been married for 22 years been together for 31.
yes thats right
Usually women
Is gender of the spouse that is the "breadwinner" important in the U.K in the eyes of the law?
No.
Hi there. Love your channel. Could I ask a question. My husband of 20 years left the family home (and country) in Sept 2020, he hasn't contributed to the mortgage for the last year and is unlikely to in the future. He was always the main earner, but our Bill's were always split 50/50. I am now struggling to keep this house, I'm renting out a room, I've got a full time job etc. Basically doing everything I can. When I can finally afford to get a divorce will he still be able to claim 50%. We have 2 children 17 and 11. Thank you.
yes if the property remains 50:50
Divorce must not exist. This abominable practice deserves the Electric Chair.
What about civil marriages, like if it an Islamic marriage?
Your marriage would need to be recognised in the UK for this to reply
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@@thelegalqueen thank you for the response