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    married 19yrs, what are my rights?

    No kids, we lived in my deceased parents house for first ten years of marriage rent free, We had a mortgage together for the last nine yrs (to buy sister out),
    Wife walked out six years ago, after contributing only three years towards the mortgage.
    no contact from her six years until this week! she now wants half! can she do this?
    also wants me to pay for a divorce.
    been told different things, cant afford a solicitor.
    anyone been through this

    28 Comments

    Would go and book an appointment with CAB to start with in the morning

    May be Citizens Advice could help you, good luck.

    Original Poster

    archer1204

    Would go and book an appointment with CAB to start with in the morning


    working constant nights its impossible, only get weekends off.

    Call in to see your local Citizen Advice, they should be able to give you options

    Some solicitors may offer a half hour consultation for free, you might need one (solicitor) eventually

    Banned

    Frankly you can't afford not to have a solicitor. The HUKD lawyers however will intentioned cannot act on your behalf.

    Have a ring around to find a solicitor who will do the assessment for free and take it from there.

    If she wants a divorce, let her pay for it.
    If you do nothing then either she has to go ahead with it and pay for it, or she does nothing which means no divorce and you don't have to give her half of anything.
    If she puts her money where her mouth is and starts proceedings then you really should get some legal advice.

    Original Poster

    choc1969

    http://www.rightsolicitor.co.uk/



    thanks will try this, have to remember to cancel before 14 days is up

    Original Poster

    Butterbean

    If she wants a divorce, let her pay for it. If you do nothing then either … If she wants a divorce, let her pay for it. If you do nothing then either she has to go ahead with it and pay for it, or she does nothing which means no divorce and you don't have to give her half of anything.If she puts her money where her mouth is and starts proceedings then you really should get some legal advice.



    don't want her to get anything after my days either, she has been living with someone else since the day she left me, I have now met someone else, after six years, jealousy I think!

    This is a good site > wikivorce.com/div…ce/ Free advice and forums, up to date law .

    Citizens advice is a bit of a no no nowadays, lots have shut down and cut hours of opening and the appointment system is longer than ever due to austerity measures putting pressure on many. Especially Impossible for shift working people to get an appointment to fit most hours lately

    You will need a solicitor regardless in the end because you have property. Shop around and you'll get a free advice session from a few and choose the best bet.

    Not a nice situation but unfortunately only a solicitor will get you out of it. Chances are you will have to pay something to her but as she only paid 3 years hopefully it will be a smaller percentage. I had to pay my wife's fees for the divorce too (about a grand but that was 10 years ago). Money well spent....

    Avoid the CAB, they are well intentioned volounteers,and they basically book you an appointment with a solicitor. Much better to shop around and select a solicitor yourself.

    Nonmarital PropertyNonmarital property, or property purchase and owned by … Nonmarital PropertyNonmarital property, or property purchase and owned by one party prior to the marriage, is often excluded from property distribution settlements during divorce. Regardless of how these details affect the equality in outcome, if one spouse brought significant property into the marriage relationship with them, these items can be excluded from divorce property settlements.


    from ehow.co.uk/inf…tml

    Which suggests, if you bought out your sisters half together, but YOU already had half of the property, she would only lay claim to 25% of the property ( half of the half you bought together). Get legal advice.
    Check your bank account. most paid accounts ave access to legal advice by telephone.
    I would

    don't wish to scare you but probably will a friend of ours lived with someone for six weeks, she moved out, he payed the mortgage for ten years on his own,no help from her. She was still named on the mortgage and contacted him she forced him to sell his house and took him for fifty five grand, if they are on the mortgage it is bad, hope it goes well I'm your case

    Did the property pass to you and your sister before you were married? If so then mrty post is correct as to how the division of the property would be done. If after you married then i'm afraid that unless you had a separation agreement drawn up on separation then she will be entitled to half.

    You need to be very careful how you proceed as there are many other factors to take into consideration, pension rights, other assets currently owned or disposed of during the time of your separation etc.

    I take it that you do not want to be married to her any longer so your solicitor will be able to get a divorce in your favor due to her adultery, meaning a court could order her to cover the costs.

    Edited by: "Argoj" 15th Dec 2014

    joint mortgage house is half hers your **** fella

    There was me thinking you were a woman! (name and pic!)

    Good luck BTW, Im a woman and although Im not like that, I know how awful some women can be.

    It's 50/50. Legally everything is split down the middle, the more you argue the longer it takes and the more expensive it is to settle. What's morally right and what's legally correct are worlds apart I'm afraid.

    My boyfriends mum is currently divorcing his dad and his dad is only getting a percentage of the house value as he stopped paying towards it 15 years ago. That's what the solicitors agreed to. So it's not always half if you can prove she hasn't been paying. Which your bank statements will show. Plus if she committed adultery then she's to blame for the breakdown of the marriage she could be required to pay for the divorce.
    Edited by: "hannaoptimus" 16th Dec 2014

    adamsxi

    joint mortgage house is half hers your **** fella



    Why the cold votes it is true. I dont agree with it but that is the case in this instance
    Edited by: "adamsxi" 16th Dec 2014

    hannaoptimus

    My boyfriends mum is currently divorcing his dad and his dad is only … My boyfriends mum is currently divorcing his dad and his dad is only getting a percentage of the house value as he stopped paying towards it 15 years ago. That's what the solicitors agreed to. So it's not always half if you can prove she hasn't been paying. Which your bank statements will show. Plus if she committed adultery then she's to blame for the breakdown of the marriage she could be required to pay for the divorce.



    How naive you are. It is irrelevant who is at fault for breakdown of marriage. Also Joint tenancy = Joint holding in house. What you think should be right and what happens in law are completely different

    adamsxi

    How naive you are. It is irrelevant who is at fault for breakdown of … How naive you are. It is irrelevant who is at fault for breakdown of marriage. Also Joint tenancy = Joint holding in house. What you think should be right and what happens in law are completely different



    Well that's what the solicitors agreed in regards to the house he hasn't paid so he can't have half. He accepts it was his fault too so maybe it's because he's agreed to all this rather than fighting for half

    hannaoptimus

    Well that's what the solicitors agreed in regards to the house he hasn't … Well that's what the solicitors agreed in regards to the house he hasn't paid so he can't have half. He accepts it was his fault too so maybe it's because he's agreed to all this rather than fighting for half



    Yes but if you read this post properly that is not the case so therefore half each!

    adamsxi

    Yes but if you read this post properly that is not the case so therefore … Yes but if you read this post properly that is not the case so therefore half each!



    My point is maybe they can reach an agreement. A few of my friends are divorced and they certainly didn't get half of everything of their husbands

    toshapetriji

    Frankly you can't afford not to have a solicitor. The HUKD lawyers … Frankly you can't afford not to have a solicitor. The HUKD lawyers however will intentioned cannot act on your behalf.Have a ring around to find a solicitor who will do the assessment for free and take it from there.



    This is the best advice.

    Wow, You should of divorced her yrs ago. If anything had happened to you during those last 6yrs she would have claimed the whole house.
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