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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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 wife owned a house (no mortgage) when i moved in with her.

Customer Question

My wife owned a house (no mortgage) when i moved in with her. We were together 6 years and married last 4 years. she now wants divorce. Have i a right to some settlement from the house which her father purchased. The house deeds are in same surname as mine (she changed her name to mine by deed poll 9 years ago and before we actually got married).
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
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 are there and what income do you each have?
Are there any children involved?
Clare
Customer: replied 2 years ago.
Hello . The house is a 4 bed detached worth £250,000. A small home improvements mortgage was taken out in Summer 2013 for £25,000 in my wife's name as deeds in her name. There is no other debt or mortgage on the house. There are no other assets to speak of apart from domestic goods.
My income has always been the main income for the family the ten years I have been with my wife. She is a qualified primary school teacher who only went back to work in 2009. She then chose to go part time only this present school year.
My income is approx 40000 year ( commission base ). My wife's varied from 24000 to now just half that.
The children are all hers from her first marriage. They are 19 (at university), 17 and 15 ( both in full time education )
My argument. Is she does not need such a large house and it should be sold to give me some settlement.
Expert:  Clare replied 2 years ago.
Hi
Just to confirm - you have lived together for ten years in total?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
A ten year relationship does give you a claim on the equity in the property - although not a 50% claim or anything close
The fact that the property was purchased by her father and that there is a child under 18 involved and that you earn so much more than your ex further reduces your claim.
Realistically a settlement of between 15% and 25% is likely - and you are correct there is no reason why the property could not be sold to release the necessary funds
I hope that this is of assistance - please ask if you need further details
Clare

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