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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I left my husband in Jan 2008. After 35years together. He stayed

Customer Question

I left my husband in Jan 2008. After 35years together. He stayed in the family home with my son (19). I moved In with my father who died in 2010. He left my brother and I his house. Where I still live. My husband is now selling the house. I want to apply for divorce. Can you tell me what I am entitled to. Irene Gardner
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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
How much is your share of your current property worth
What other assets and debts are there including pensions and what income do you each have?
Clare
Customer: replied 3 years ago.
We are selling the family home for £500,000 there is no mortgage. My parents property which I now own is wort '£210,000 I took on a mortgage of £90,000 to buy my brothers share. My husband has a pension I don't know what he has in the bank. I more concerned with the property. I think he probably has about £60,000 savings I have £10,000 I do casual work earning about £150 per week ..
Customer: replied 3 years ago.
Did you get those details I am still waiting for a reply
Expert:  Clare replied 3 years ago.
Hi
At the moment you remain entitled to 50% of the sale proceeds of the matrimonial home.
Within the financial side of divorce proceedings your husband can ask the court to vary this so that it reflects the other assets that you have.
However since he has savings and since your current home was inherited form your father it is unlikely that the division of the equity in the Matrimonial Home will be anything other than 50/50
You will also be entitled to a pension sharing order
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you for your reply. He seems to think he is entitled to half of my house that was my parents. Is this correct?
Expert:  Clare replied 3 years ago.
Hi
No as I said since you inherited your interest in the property and he has substantial savings it is unlikely that he will be awarded a share of your current home
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your help
Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Clare

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