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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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 have been separated for almost 2 years now,

Customer Question

My husband and I have been separated for almost 2 years now, I moved out of our marital home due to him having an affair. I am living in rental accommodation, our house is up for sale and my husband is living there alone.
How do I stand, am I risking loosing my share of the house?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
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?
How long have you lived together and are there any children involved
Clare
Customer: replied 3 years ago.

House is currently on the market for £275,000.


Outstanding mortgage £28,000


No debts


My income £16,000


My husbands income £46,000


We have been married for 30 years


No Children involved they are now 21 and 25 years old


We both have small pensions we are taking


My husband is paying into his company pension which is final salary, he is 52 now and has been paying this pension for 25 years

Expert:  Clare replied 3 years ago.
Hi
Has he made any offer of settlement yet?
Clare
Customer: replied 3 years ago.

No

Expert:  Clare replied 3 years ago.
Hi
How is the sale going?
Clare
Customer: replied 3 years ago.

House has been on the market for 2 years had viewings but no offers.

Expert:  Clare replied 3 years ago.
Hi
Have the Estate Agents identified any reason for this?
Clare
Customer: replied 3 years ago.

Just that the market is very slow at the moment


 


The price has been reduced and estate agents know that we are open to offers

Expert:  Clare replied 3 years ago.
Hi
You have no reason to think that your ex is doing anything to delay the sale? (It happens)
Clare
Customer: replied 3 years ago.

No.. I am in touch with the estate agents regularly

Expert:  Clare replied 3 years ago.
Hi
That's good news.
In that case - no you are not loosing anything during this period.
The starting point for division of the equity is 50/50 and this remains the same.
Technically unless you are cohabiting he does have a liability to pay you spouse maintenance - and you could ask for a larger share of the equity instead.
I hope that this is of assistance - please ask if you need further details
Clare

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