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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, My wife and I are getting divorced, we co-habited the

Customer Question

Hi,

My wife and I are getting divorced, we co-habited the home for 4 years (that she originally bought and is in her name and I made significant contributions to the mortgage) and we were married for two years.

I'm not actually that phased about getting anything from her, but do the 4 years of co-habiting make a difference to any financial settlement considering I essentially paid 'rent' to her that more than covered the mortgage itself?

She is still living in the property and intends to part-exchange it for a new build property very soon (even though no financial settlments have been agreed) and I have also been made redundant and claiming job seekers allowance whilst I seek new employment, so I'm forced to try and find somewhere to rent (plus I have a pet dog, which makes it even harder!)

How does this look for me in any financial settlement?
Submitted: 4 years ago.
Category: Family Law
Expert:  Stuart J replied 4 years ago.
Please give me the following information.

What is the house worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?

Do you have children?
Customer: replied 4 years ago.

What is the house worth?

If you have a mortgage how much is outstanding?


 


House was bought for £52,000.


 


£40k paid off, Gross Capital estimated at £40k



How long together?


 


4 years co-habiting, two years of marriage in the same property

Other assets or pensions, savings, etc?


 


I have a car value approx £1000, her car has an approx value of £4,000. My pension is very low, apprx £600, hers is approaching £56,739

Both incomes?


 


With my unfortunate redundancy, my JSA is £71 per week, paid fortnightly.


 


She is a teacher earning in excess of £35k+

Do you have children


 


No



Expert:  Stuart J replied 4 years ago.


The period of
cohabitation is added to the period of marriage and looked at as a whole.
However, even six years of marriage is not a long period and therefore it is
unlikely that the assets will be split 50-50.

However, your
contribution to the mortgage and her contribution to the deposit/initial
purchase will all be taken into account as will any other assets and pensions.



Here is an article
which will give you some interesting reading. I am sure http://www.jmw.co.uk/services-for-you/family-law/articles/age-and-length-of-marriage-divorce/



can I assist
further?



Meanwhile, please
bear with me this weekend because I will be online and off-line.



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Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
The short to medium length of your relationship gives you a financial claim on the property - but not a 50% one.
You have a claim on half of two years worth of her pension - and at present you have a potential claim for spouse maintenance albeit a short lived one.
Realistically the combination of facts suggests that you could secure a lump sum settlement between 15% and 25% of the capital - bu t this can only be the roughest of guides
Claire