Divorce - split of assets

[terambulan]

A magistrate offered the ex wife 10% of house (occupied by spouse & gf) on the grounds "she hadn't contributed towards the house". Married for 6y, no children & wife sold her flat to put deposit on house, though the husband put house in his name.

Any ideas of how she can claim her fair share, at least 50%?

[Ethel]

Is her name on the Registered Title or the Deeds?

[terambulan]

Thanx for response, Ethel.

Only her ex hubbys.....he's seems to have pulled a fast one on her?

[oldmaggie]

Magistrates do not deal with this type of case in the UK.

[jen78]

Try and do a financial analysis.

How much did each put in v. mortgage payments made by hubby I presume? See if you can work out a reasonable financial percentage each contributed, based on proper figures.

It would be easier to claim more if there were children and she had given up her earning capacity, and, therefore, contributory capacity, in order to care for them.

[jen78]

Just another thought, was anything drawn up at the time they bought seeing as she sold a valuable asset to contribute without any security of being on the title deeds?

Something like a Deed of Trust?

[terambulan]

She's producing evidence for sale of her flat and bank statements etc.

He currently occupies property with gf, says he's redundant etc. He can only raise 10% pay-off without selling, pleads he needs house!

[dzug]

I too was puzzled by 'A magistrate'

Or is he the husband?

[bednobs]

hi T, what makes you so sure that her fair share is at least 50%?

[terambulan]

Maybe not Mag...will confirm.

House was bought when they lived together for 4y then marriage.