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Short marriage

Posted by Shytalker 
Short marriage
June 04, 2020 02:04PM

Edited 3 time(s). Last edit at 06/18/2020 10:40PM by Shytalker.
Re: Short marraige
June 04, 2020 02:37PM
There are a few facts missing from this which would be relevant to providing a meaningful answer.

1. How much did you receive from the sale of your house and what has happened to the money apart from the £30K which remains?

2. Did you cohabit with your husband before you married and, if so, for how long?

3. What sort of work did you/do you do? What do you say your earning capacity is?

4. Is there anything else you have think you may have left out (such, perhaps, as why 'his' house was not put into joint names when you married and sold your own))?
Re: Short marraige
June 04, 2020 02:53PM

Edited 2 time(s). Last edit at 06/18/2020 10:41PM by Shytalker.
Re: Short marraige
June 04, 2020 06:47PM
Well, judging from the values of the two properties it should be possible for you to buy another property provided you keep the £30K intact as a mortgage and you get a job so as to have some sort of mortgage capacity.

This is a relatively short marriage, there are no dependent children and you are younger than your husband. Having said that, you have acted to your detriment by selling the home you previously owned, marrying your husband and moving into his home. This is not a case where I think it would be fair for you to just leave without any payment by your husband. It also seems to be the case that he can afford to make such a payment because he has investments of about £100K.

Whether he likes it or not the home in which you currently live is no longer 'his' just because it is in his sole name. It is now the matrimonial home and you are married so you have a stake in it which you could register at the Land Registry. This is important because in order to get 'his' house back your husband is going to have to pay you a lump sum upon divorce. That should enable you to buy a home of your own. I think that is the least you can expect.

For what it is worth I think you have further leverage. Although I doubt that you could successfully claim 50% of his pension because it was undoubtedly built up for many years before he even met you you do nevertheless have a claim for a share of his pension. You should in due course be able to trade your interest in the house and/or the pension to ensure that you are in a position to buy a home of your own again.

I don't suppose your husband will like it but the economics of this are such you should take him to court to get it if you have to. What you stand to gain would far outweigh the cost. You should not move out of the house until this is all formally and finally settled in a divorce settlement but if you were to move out it would be very important that you registered your interest in the property under the Matrimonial Homes Act. It is not strictly necessary to do that while you live at the property but if you ever ceased to live there before finances were settled it would be very important that your interest in the house was formally protected.
Re: Short marraige
June 04, 2020 08:04PM
Thank you

Edited 1 time(s). Last edit at 06/18/2020 10:41PM by Shytalker.
Re: Short marraige
June 05, 2020 10:35AM
Yes, you will be able to make a claim upon his pension. Like I said, I doubt that the circumstances would enable you to successfully claim half but I certainly think you have some claim. You see, the criteria which guide courts in their decisions are laid down in section 25 of the Matrimonial Causes Act. Those factors include criteria such as need and the financial resources and obligations of both parties. They do not include reference to excluding anything because it was acquired before the marriage. For instance, his house was acquired before the marriage but that does not mean that you have no claim in respect of it. It is the same with pensions. The courts will probably not ignore the fact that his pension was basically acquired prior to the marriage and take that into account to some extent but they will not regard that as the end of the matter. Marriage is supposed to be a partnership after all and that is how the courts tend to look at it.
Re: Short marraige
June 06, 2020 03:02PM
Thank you again. It certainly hasn't been a partnership, that's for sure.
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