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Property split after divorce

  • snollygoster
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14 Jan 10 #176486 by snollygoster
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Hi. Any advice greatly appreciated for the following situation.

Male, owned mortgage free house, and has 4 children from previous marriage living with him, marries again about 5.5 years ago with no co-hab beforehand. Male had paid mortage off over previous 18 years ownership before re-marry.

Who gets what property split? Is it gains after marriage?

  • dukey
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14 Jan 10 #176491 by dukey
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After 5.5 years with no cohabitation or children from the marriage you both leave with what you put in, and split any profit or debt, so the question is has the house gained value during the marriage not including the extension that you paid for?

Mediators can help you both reach agreement rather than head straight for solicitors,

It may be worth thinking about giving her some money if it does look like it will go to court, though you don`t on the face of it have much to worry about court can be very expensive,

Think about mediation as a good starting point.

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14 Jan 10 #176569 by snollygoster
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Thanks Dukey - saw on another post that under 6 years constitutes a short marriage. If the divorce drags on, for arguments sake for another 18 months (unlikely but possible) would that still count as a longer marriage or is the date of separation considered instead ? ie does the clock start ticking?

Even if it did drag on, would the same still not apply, given the above circumstances?

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14 Jan 10 #176574 by dukey
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There is no yes or no answer to that but to save you from a potentially life threateningly boring answer the chances are even if it does as you say drag on you will still be looking to share the assets from when you lived together, assets accumulated after separation can be included but in your case you have little to worry about, the marriage was short and childless.

Foster v Foster 2003 is the most recent case law (i think) short marriage childless you both leave with what you brought and share profit and debt,

Sorry for the short reply i am multi-tasking rather badly right now.........

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14 Jan 10 #176578 by snollygoster
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Thanks again.

Sorry to bang on, but in summary, even if the divorce doesn't happen for another 18 months we still keep what we both went in with correct? And split anything accrued since married? I take it the kids from previous marriage have no influence?

Thanks once again..just reply when you get chance.

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14 Jan 10 #176602 by dukey
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I cannot give you a concrete answer, all i can say that it is usual for a husband and wife to leave a short childless marriage with what they brought to the marriage and then share any profit or debt from the marriage, if divorce proceedings begin and efforts to sort the financial side and you have already separated, the court if it comes to it will focus on the financial status at the point of separation, it can become complicated if a couple separate don`t sort out the financial side and then at some point after begin the process,

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