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Where can I go from here!

Posted by Mazzer 
Where can I go from here!
November 02, 2020 07:00PM
I am in a loveless marriage but can't see a way out ! I feel if it carries on I will be unhappy for the rest of my life and I am 71 years old and feel I only have one more shot at happiness! I have been married to an empty man for 26 years. No sex life for most of that and no friend! If I try and talk about feelings he doesn't even answer me! I have provided a home and almost everything in it as he always says we don't need it! We don't holiday together as I refuse to be with a man who is so negative. He doesn't want anything out of life although he is 6 years younger than me. He has no friends, no hobbies and no interests. He still works in a petrol station on minimum pay so only gives me half towards the bills but nothing else. When I told him I had had enough he just said he would take half my house! I'm afraid half my house couldn't even buy me a mobile home so what do I do? He has an ageing mother who will leave him as much as my house is worth, so why should I give him half and then he keeps all his inheritance! I am so unhappy and don't even like him!
What can I do?
Re: Where can I go from here!
November 03, 2020 10:54AM
I thought his was a forum? I would like people's views and advice please?
Re: Where can I go from here!
November 03, 2020 05:37PM
Well, no one can compel you to remain married to him if that is not what you want. If you want a divorce that is no problem at all.

However, it doesn't sound as though that is the issue. The issue seems to be what happens about money. There you have a problem because this is a long marriage. It has lasted 26 years. Therefore it is not simply your house. It is the matrimonial home. Your husband cannot be put out of it like a cat and receive nothing. In the case of a long marriage the starting point for any division is an equal division and you have not given any reason why you should keep the house he he gets nothing.

It is true that you say he has an ageing mother who will leave him her house. Well, his ageing mother is still alive. She may or may not leave him her house. She may go into care and the care fees could eat into the value of the house. She could leave her house to the church or the communist party. The fact is that what a person may receive in inheritance from a person who is still living and capable of changing his/her will is irrelevant. A court will not take it into account. Also, for what it is worth his mother's house is very definitely not matrimonial property.

This is not to say that there may not be other reasons you have not mentioned which may affect how property should be divided. For instance, if he owns another property (as opposed to hoping of inheriting one) that would be different but as things stand you have not given any good legal reason why his housing needs should not be considered as much as yours in the event that you get divorced.
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