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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33314
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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As my marital home was purchased by me before my marriage,

Customer Question

As my marital home was purchased by me before my marriage, now that we are getting divorced, will my husband be entitled to half of the property, in view of the fact he did not bring any financial assets or contributed to the maintenance of the property.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall od my best to help you but I need some further information first.
How long have you lived together and are there any children involved.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.

We have lived together for 23years, only married 5 years. Both of us are retired. No children. No mortgage. Property value . £230,000
My savings amount to £100,000 of which I can get interest. Plus the state pension. My husband has no capital, only his state pension, he has not made any provisions for his retirement, expecting me to fully support him.

Expert:  Clare replied 3 years ago.
Hi
How much does a one bedroom property in the same general area cost to buy?
Claire
Customer: replied 3 years ago.

The cost of a one bedroom property/apartment/flat would be in the region of £49,000 up to £75,000 or there is the option of going through Equity Housing Group for shared ownership.

Expert:  Clare replied 3 years ago.
Hi
I am afraid that so far as the family court is concerned the years you were living together make this a lengthy relationship and the starting point for the division of all the assets is 50/50 and it is unlikely that the court will be persuaded to depart much from this bearing in mind that doing so would give each of you sufficient funds to rehouse yourself.
I appreciate that this is not the news that you wanted to hear but it is the very real risk that you face.
You can try and negotiate a more favourable settlement with your ex using Family mediation (www.familymediationhelpline.co.uk) but you need to be concious of the fact that your ex may also have taken advice on the matter
If you need any further details please let me know
Claire

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