Mate's getting divorced - entitlement question
Mate's getting divorced - entitlement question
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Discussion

StevieBee

Original Poster:

15,337 posts

285 months

Monday 22nd May 2023
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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??

illmonkey

19,821 posts

228 months

Monday 22nd May 2023
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Obviously not.

simon_harris

3,138 posts

64 months

Monday 22nd May 2023
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Morally - absolutely not.

Legally - probably.

MrBarry123

6,107 posts

151 months

Monday 22nd May 2023
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laugh

No.

Can also see why the marriage was bad if he’s that kind of a bloke.

GreatGranny

9,519 posts

256 months

Monday 22nd May 2023
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No!

Awaiting the torrent of posts calling him a gold digger, snake with d$%k etc.. smile

JimmyConwayNW

3,643 posts

155 months

Monday 22nd May 2023
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This is usually the other way round....

Gargamel

16,367 posts

291 months

Monday 22nd May 2023
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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.


NDA

25,628 posts

255 months

Monday 22nd May 2023
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Are there any children?

BigBen

12,159 posts

260 months

Monday 22nd May 2023
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A good friend of mine is going through similar after a short marriage which they came into with the majority of assets. Their solicitor advised them that technically a 50:50 claim exists even thought it is highly unlikely to go that way.

Spare tyre

12,571 posts

160 months

Monday 22nd May 2023
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I’d advise he’s a very luck chap to get away cleanly with no cost

(Assuming he has no kids with her)

Mastodon2

14,327 posts

195 months

Monday 22nd May 2023
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StevieBee said:
... extracting himself from what has been a fairly toxic two year marriage.

He is of the strong belief that he is entitled to half the value of the house.
I'm not surprised it was toxic, I feel sorry for his wife.

Edited by Mastodon2 on Monday 22 May 10:16

anonymous-user

84 months

Monday 22nd May 2023
quotequote all
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.


MBVitoria

2,533 posts

253 months

Monday 22nd May 2023
quotequote all
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.

Defo worth your friend getting some legal advice to manage his expectations.

StevieBee

Original Poster:

15,337 posts

285 months

Monday 22nd May 2023
quotequote all
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.


The Ferret

1,290 posts

190 months

Monday 22nd May 2023
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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?

Greenmantle

2,170 posts

138 months

Monday 22nd May 2023
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Interesting info on short marriage.
Does that equally apply to a marriage where separation has been longer than actual living together?

gotoPzero

20,761 posts

219 months

Monday 22nd May 2023
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You say married for 2 years, but how long were they together before getting married?

This IMHO will make a difference.

Gargamel

16,367 posts

291 months

Monday 22nd May 2023
quotequote all
Greenmantle said:
Interesting info on short marriage.
Does that equally apply to a marriage where separation has been longer than actual living together?
It is for marriages of less than five years. How it is viewed in terms of when the marriage was "over" is not always clear



DannyScene

8,171 posts

185 months

Monday 22nd May 2023
quotequote all
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 sadly

Did he have an income or his own home before he met her?

98elise

32,628 posts

191 months

Monday 22nd May 2023
quotequote all
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?
Agreed, especially as he went into the marriage with no home, income or assets in the first place.

He isn't owed a lifestyle at his wife expense.