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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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We are getting divorced. We bought our house in 2006, as my

Customer Question

We are getting divorced. We bought our house in 2006, as my husband is self employed the mortgage is in my name only. In 2010 I sold an apartment that I owned and paid £100000 off our mortgage. When we come to sell the house what are my rights? Can I take the £100000 that I paid for and we split the remaining profit? As I said mortgage is in my name and all the repayments have been paid from my account. Thank you for your time.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks fro your question.

Once a divorce petition has been filed at court, either party can make a financial and/pr property claim against the other if the parties cannot agree between themselves how the matrimonial assets should be divided.

You don't need to go to court if you can reach an agreement. It is possible that the agreement between you can be made into a binding legal agreement called a consent order, if the court approves your agreement, and it covers ALL the matrimonial assets (and not just the house, but including eg all other properties owned by either of you, money in the bank, pensions, stocks & shares, endowment policies).

The advantage of getting a consent order (which is as binding on both of you as a court order made after contested court proceedings) is that you never have to go to court (it is all done via correspondence with the court) and it means that in the future neither one of you will be able to make a claim against the other or against the estate of the other after their death. But the court will only approve the draft consent order if it is fair to both parties.

"Fair" does not necessarily mean "equal". If one of you has a significantly lower income than the other, or one of you will be providing a home for the children, that that persons can argue for a greater than 50% share eg 55%, 60% or 65%.

It might be helpful to discuss things with your ex with the help of a mediator. Mediation involves a round-the -table discussion with a trained neutral mediator. You can self-refer or your family law solicitor can refer you. Here's where to find a local family mediation service:-

http://www.familymediationhelpline.co.uk/find-service.php

If the issue does go to court, I would strongly advise getting face-to-face legal advice from a specialist family law solicitor. Here's where to find a good solicitor:-

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck.

I hate to specify - but please rate my answer ok, good or excellent - or I get nothing for my time!!! (so the website keeps all).)

Thanks and best wishes....
Expert:  UKfamsol replied 3 years ago.
Hello again

I see you've had a look at my answer but not accepted it.

Is there anything you'd like further clarification on? Or anything in your question you feel I haven't answered?

Let me know and I'll do my best!

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