Devasted

Hi all. I wonder if my husband will still be entitled to 50% when we sell the house due to divorce? He has cheated with women on line for years and I recently found out he had been talking to a friend of mine who let me know. In April the police turned up and ceased his devices. I stood beside him but this latest blow was one too many. He also hasn't worked since we got married 6 years ago. We had only had our house for a year then. I pay the mortgage and all the bills. I'm really worried that I will end up with nothing and won't have any choices, like being able to afford to buy again.

The reason for the divorce generally has no bearing on the financial settlement, which will be based on needs and several other factors including whether children are involved. Other assets will also be included in the 'pot' for division like savings or pensions. Debt is also taken into account. Any period of pre marriage cohabitation will count as additional years of marriage and your husbands contributions, no matter how minimal, will probably be counted as equal to yours. The starting point for division is 50% but to add another sting in the tail, the weaker party financially could end up with more than 50% of the assets. Not the news you want to hear but unfortunately that's how it works (unless you're in Scotland in which case it's different). There really is no telling how it will work out either. You might agree between you with mediation (best route if you can) but if it ends up going to court the costs will eat into any assets anyway so you need to consider whether its worth it.

Thank you

If you can post a few more details like income, equity in the house and any other assets, ages of any children and length of cohabitation before marriage you might get some idea of how it could be worked out.

We don't have any shared children but I looked after his when he worked for 2 years. We only bought our house a year before we married and he hasn't worked for the last 6 years. He got made redundant 2 weeks before the wedding. I have managed to keep up all of our payments for the last 2 years, but I think he has some debts. I'm just worried that I will end up with nothing at all because I can't stay in an abusive marriage

I have a 17 year old who still lives at home

OMG i feel every bit of your pain as i am also in the same circumstance. i have a house and i am the primary source of steady income and pay all the bills, i have filed for divorce but my husband has refused to engage in the process which has dragged out for 5yrs (whilst still living in the same property). he refuses to engage in mediation around the property and the current legislation looks as though he will come out of it better off than me and i will loose everything i've worked so hard for and for the future of my children (not our children)....like you i am totally devastated and desperate.