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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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My husband and I hav been separated for 4 1/2 years. He left

Customer Question

My husband and I have been separated for 4 1/2 years. He left to be with another woman and now has two children with her. Our home in the UK was sold and the proceeds were split 50/50 between us. We have a small property in Italy (which has been on the market since we split) - which I paid half of the mortgage for (he paid the other half) until 18 months ago. I could not afford to pay it any longer and told him so. He has been paying it since. We have now received an offer - but he says he expects me to reimburse him for what he calls my part of the mortgage that he has paid. I have been told that as we are still legally married I am entitled to 50% of the proceeds (whether I paid the mortgage or not). Could you please clarify my situation?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Where do you each currently live and where will the divorce proceedings be issued?
Claire
Customer: replied 3 years ago.
I live near skipton and my husband lives in huddersfield. The divorce proceedings will be issued in this country.
Expert:  Clare replied 3 years ago.
Hi
Are you seeking advice on UK family law or Italian property law?
Claire
Customer: replied 3 years ago.

I need to know where I stand in regard to the Italian property. My husband has paid the whole of the mortgage on the italian property for approx the last 18 months. We have now received an offer on the property and my husband says he as far as he is concerned we will split the proceeds 50 / 50 but out of my share he thinks I must pay the part of the mortgage I haven't been able to pay in the last 18 months. I was under the impression that the property belongs to both of us - I couldn't afford to pay the mortgage as my income is much less than his - and that I would receive 50% of the proceeds of the house, without having to pay anything to him for the mortgage.

Expert:  Clare replied 3 years ago.
Hi
I can only advise as to what the UK Family court is likely to order within the divorce proceedings is that acceptable?
Claire
Customer: replied 3 years ago.


yes - that will be ok

Expert:  Clare replied 3 years ago.
Hi
Within the financial side of UK divorce proceedings it is likely that you would be granted AT LEAST 50% of the equity and would not be expected to "repay" and of the mortgage payments - in other words you are correct and your ex is not!
Claire
Customer: replied 3 years ago.


Many thanks for this. As the property is in Italy, how do I make sure that, if I do agree to the sale, I do actually get 50%? Would it be possible to have some sort of agreement document arranged in the UK for my (hopefully soon to be ex) husband to sign?

Expert:  Clare replied 3 years ago.
Hi
The safest thing would be to make it part of a financial order within the divorce proceedings
Claire

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