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[Alan Dale]

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[Bellenden Belle]

I am pretty sure that moving out does NOT have an impact on assets - I imagine this is different if children are involved because it becomes an issue about who has taken responsibility for childcare.

I am aware that for amicable divorces which can take place after a two year period of separation - assets are divided up NOT at the point of separation, but at the point of divorce.

http://www.resolution.org.uk/ is a very good website.

And wish them luck....they may need it (as indeed I do myself!)

[ChavWivaLawDegree]

Even if she had no legal title, she may be entitled to a share under equity (a kind of fairplay-Judge-made law) but if you can show she only paid her half of the houshold & living expenses and made no contributions to the purchase, upkeep or improvement of the property, then she should have no extra claim - but tell him not to move out to be on the safe side.

I was crap at Land Law - but I think the co-ownership splitting of property should be dependant on the proprtion each has put into the purchase and ongoing costs of the property but there have been cases where a wife was living in the matrimonial home and the husband sold it behind her back. The fact that she was living there, despite having no legal claim on the property the new owner couldn't eveict her as she had an equitable right (the deception of the husband and knowledge of the buyer played a large part in it tho).

[spadetownboy]

as the old joke goes the house will probably be split evenly, she,ll get the inside and he,ll get the outside.

[char1ie]

The best advice would be to go and see a good lawyer. And take any legal advice on a sensitive matter like this from a forum with a pinch of salt.

Charlie

[LizzygotDizzy]

Mortgage in joint names, she has a beneficial interest in the net equity of the property whether or not he paid all the bills, will have to at least pay her off with a lump sum payment. Marriage def a factor in it all though unfortunately. Def tell him not to move out of property. Don't suppose they signed any Agreements when she moved in? (if you were already in the property before you married/had her move in?) All depends as well on whether or not he purchased the house before or after they were married.

[Annasfield]

char1ie Wrote:

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> The best advice would be to go and see a good

> lawyer. And take any legal advice on a sensitive

> matter like this from a forum with a pinch of

> salt.

>

>

> Charlie

Agreed there Charlie, however I know at least two Lawyers that use this forum.

That aside, how common is divorce these days? I reckon some people could be sharing experiences... :)

[Bellenden Belle]

I would definitely seek advice...but actually I am not convinced digging your heels in, and staying under the same roof - particularly when relatives are offering a haven - is the best option. Two people forced to live together when they are feeling hurt, angry, and a whole gamut of emotions - it just creates more bad feeling. And bad feeling is what makes very messy divorces.

[ratty]

He could have her wacked for about ?850 - saves a packet!

[Alan Dale]

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[*Bob*]

Find-out the legal postition and (if moving doesn't mean anything), get out of there. Pronto.

Not had to deal with a divorce me'sen but have had the pleasure of a major flat-splitting hoo-haa break-up, and all I can say is that I'm in the BB camp when it comes to two people trying to live in the same place whilst you're trying to sort things out.

Unless it's amicable. But less face it.. it hardly ever is.

[ClareC]

The mortgage may be in both names but is the house itself (ie the deeds as registered at the Land Registry)?

If the deeds to the house are in both names is it held as Joint Tenants or Tenants in common?

Did they buy the house together? If so was this when married or before? Who paid the deposit? If both in what shares?

[Keef]

*Bob* Wrote:

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> Not had to deal with a divorce me'sen but have had the pleasure of a major flat-splitting hoo-haa break-up, and all I can say is that I'm in the BB camp when it comes to two people trying to live in the same place whilst you're trying to sort things out.

What *bob* said. Bloody horrible situation to be in, makes you seriously paranoid too!

[*Bob*]

Keef Wrote:

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> What *bob* said. Bloody horrible situation to be

> in, makes you seriously paranoid too!

It's easy enough to agree you can manage it.. it's just short-term.. but suddenly one month becomes two. Then four. You keep on 'managing' it.

I think it's only after you finally stop living together that you actually realise just how totally rubbish the experience was, and you wish you'd parted right from the off, even it it did mean sleeping on a sofa somewhere else.

[Alan Dale]

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[muffins78]

There will be capital gains implications depending on when they separate. In the tax year they separate, they can still transfer assets between themselves at no gain no loss. Therefore they don't have to pay capital gains. However, from the 6th April after they separte, transfers of assets will be subject to capital gains!!

Its separation and not divorce, that rules the capital gains implications.

So I dont know if "moving out" will be viewed as separation - but I would get advice on this!!

[LizzygotDizzy]

And thats just the house! hope he hasn't got a Pension, he could be looking at her trying to get a share of that too! (unless she has one of similar value) mind you if she has and he hasn't can work both ways.

[LizzygotDizzy]

Unless he has proof of the amounts he paid for the deposit etc. when there are no children involved judge starts from a basic 50/50 split and juggles from then on based on the facts, thats when all the other stuff comes into play, i.e who paid the deposit, who paid the mortgage monthly payments, utilities etc. how much is in your Pension Plan, it all comes into play and is put "in the pot" as it were for Judge to determine on whats fair and what is not. Silly really and really unfair if you have one partner who has been constantly supporting the other, paying the bills and roof over their heads all the time etc. She will be expected to be able to come out of the marriage with at least enough to put down a decent deposit on a mortgage on a property for herself. The only reason I said for him not to move out, it is actually his home and he should not be ordered out by it, she obviously thinks she def has a stake in it or she wouldn't be so cheeky! and would be the one who in fact was offering to move out herself instead of insisting he does.

[LizzygotDizzy]

My best friend had her ex hubby trying to get a share of her pension and the only reason he backed off was because she threatened to take a share of an inheritance his mother left him, namely his share in her pub she left him! But as you say, its best to go and get proper legal advice, I can only go on what happened to me and my best friend and the siutations that may arise, may not necessarily be the same for your friend's situation though and may not even apply in his circumstances.

[shoshntosh]

Alan Dale Wrote:

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> Agreed BB. I've offered for him to come and stay

> at ours but he won't leave if he thinks that he

> loses rights over the property.

>

> I have also put him in touch with a solicitor for

> next week.

>

> As for whether the forum is any good for this type

> of question then I think as individuals we are a

> mixed bunch with limited experience and disparate

> views but as a group the forum is supportive,

> knowledgeable, considered and fair.

>

> Unless you're American that is..

hi alan

just curious what you mean by that american reference?

thanks

snt

[Alan Dale]

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[joey2]

The advice that I heard was to definitely not move out. Why not call the CAB.

[SeanMacGabhann]

shoshntosh

I belive Alan was referring to a thread way back from me - he delights in calling me anti-American

I think you and I PM'd at the time?

[SteveT]

When I got divorced I got 25%,

when my brother got divorced he got 30%,

when my cousin divorced his wife, he got 10%

both of his offspring were in there twenties and independent, and my cousin is cleverer than me and my brother put together.

The moral of this story 50/50 is unlikely if you are A) male B)educated and intelligent.

PS when my ex found this expensive west end lawyer she set him on to act for her, but I had to pay his fees even though she was earning 90K.

Thats how fair the system is guys as ultimately 60+% of marrieds will testify, and even if you dont marry she will have a call on your property within 6 months of her moving in. Sorry about playing the devils advocate:(

[KalamityKel]

A good reason not to get married in the first place :))

OR of course to take ya vows seriously... til death do us part blah blah blah