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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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I am currently married with a 1 child. Not on the mortgage

Resolved Question:

I am currently married with a 1 child. Not on the mortgage or house deeds. If we were to separate would i have any claim on the property? He bought the house before he meet me. Outstanding amount £92,000, Worth £111,000 when we remortgaged. 17 years left to pay.

Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

The answer is almost certainly YES but I need a bit more information to be able to answer properly:

How much is the house worth now?

How long before you married or started living together if you lived together before marriage did your husband buy the house?

What other assets and debts are there?

What income do you each have from all sources?

Who has the day to day care of the child, and how old is the child?

Customer: replied 3 years ago.

Lender valued it at £111,000 last month but on market value i haven't had a estates agents valuation.

We have been married 2.5 years. Lived together in that since since Oct 2010.

Husband bought the house in 2005.

We have a loan that is due to be repaid in May 2015. £8000 left to pay. I have finance on a car due to be repaid Oct 2017 about £9000 left to pay.

Both employed full time. House income of between £60,000-£70,000

Child is 16 months old and goes to nursery full time £600 a month.

Expert:  UKfamsol replied 3 years ago.

Sorry - could you say how much each of you earns - rather than a global figure?

Customer: replied 3 years ago.

I earn £32000, he earns £44000

Expert:  UKfamsol replied 3 years ago.
A couple more questions :-
what is the value of your car, and does your husband also have a car - if so, what is his worth, and is there any finance on it.
Do either of you have a pension and if so what is the value of each pension fund?
Expert:  UKfamsol replied 3 years ago.
who would you say mainly looks after your baby in the evenings and weekends? Who does your child run to if he/she falls over?
Customer: replied 3 years ago.

Myself, i pick and drop off every day to nursery, then give her tea. Husband is out of the house with work from 6 am - 6.30 pm. He works a Saturday 6 am till 1 pm. I probably have her the most. If shes ill i take the time off work. If she were to fall over in the room with both of us, she'd probably come to me. I am the primary care giver.

Expert:  UKfamsol replied 3 years ago.
Ok thanks.

The main problem you've got is that there is very little to divide between you.

It seems from what you've said that the only matrimonial asset is the house as you haven't mentioned any savings or pensions or the value of cars etc.

Your husband might be able to argue that as you only lived together in the house for 5 years out of the 9 that he has owned it, that only 5/9th of the equity should count as a matrimonial asset. But even if the whole of the equity counts as a matrimonial asset, it's still very little.

So worse case scenario - the assets are:

Equity in house 5/9 x £13,000 = £7,222
Plus value of your car less finance - say £1,000? (guessing). Your car can count as a matrimonial asset if needed for the family benefit
Matrimonial liabilites are loan of £8,000 as I gather it's a joint loan, so definitely counts, and car finance of £9,000 even if in your sole name, can still be a matrimonial liability if the asset is a matrimonial asset.

So NET matrimonial assets are £7,222 - £17,000 =
-£9,778

Even if the whole of the house equity is included, we then have

NET matrimonial assets are £13,000 - £17,000 = -£4,000

I am guessing that your preferred scenario would be ot have the house and the nlortgage tranasferred into your sole name and for your to stay in the house with your daughter.

That suggests a division of assets as follows:

You
House £13,000
less: Car loan - £9,000
Less lump sum to your husband -£4,000

Total 0

Your husband
The joint loan - £8,000
Plus: lump sum from you £4,000

Total -£4,000

As your mortgage capacity is 3 x £32,000 = £96,000, and the current mortgage is £92,000, you can raise an addtional £4,000 to buy out your husband.

His mortgage capacity is £44,000 x 3 = £132,000 so he can rehouse himself once his name is XXXXX XXXXX mortgage and the deeds of the house.

The above is only one possible scenario of how the assets could divided between you.
Given how low the assets are, I would hope that the court would not accept an argument from your husband that not all of the £13,000 shouold be counted.

With regard to the nursery fees, they can be included as part of the calculation of child support.

Here's where to find out more about child support:

http://www.cmoptions.org/en/calculator/

Once a divorce petition has been filed at court, either party can apply to court to ask the court to decide how the assets should be divided. The court starts from the position that the assets should be divided equally, and then looks at reasons why that should not happen eg one party has a significantly lower income than the other, and/or one perosn is to provide a home for any dependent child. Both of these apply to you - that's why I've done my caculation as I have.

But going to court is stressful, time-comsuing and expensive, so if you can reach agreement between yourselves, that's much better. So my best advoice to you is to negotiate, NEGOTIATE, N E G O T I A T E ! You can negotiate either between the two of you, or via solicitors' correspondence, or via mediation. Mediation is a round teh table discussion with a trained and neutral mediator. Here's where to find alocal family mediator:

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

If you can reach agreement. a solicitor can prepare a draft consent order for you both to sign (as long as a divorce petition has been filed at court by this point), and send to the court for the court's approval. Once approved by the court, a consent order is as binding as a court order made following ocntesetd proceedings.

Here's where to find a good specialist family law solicitor:

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

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


Thanks and best wishes...


UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.
Thanks so much for your posiive rating and prompt payment - really appreciated!
Customer: replied 3 years ago.

What would you suggest if i didn't want the house? I am from a different location so i we were to split id probably leave to go back to my home town where my family is and take my daughter with me. I think all i would be happy with is some money out of the house so i can start again and provide a place to live for my daughter. I wouldn't be interested in keeping the house.


Is it better if i get my name on the deeds? My marriage seems to be crumbling around me and am worried i will have nothing to be able to relocate myself an daughter back to where i have support.

Expert:  UKfamsol replied 3 years ago.
How much would a small 2 or 3 bedroomed house cost in the location you would like to move to?
Customer: replied 3 years ago.

Between £80000-£110000.

Expert:  UKfamsol replied 3 years ago.
Ok so basically similar to what the current house is worth.

In that case, an alternative possible division of the assets could be as follows:

Your husband
Equity in the house £13,000
less: the loan -£8,000
Less: lump sum to you -£9,000
Total -£4,000

You
Lump sum from your husband £9,000
Less: car loan - £9,000
Total 0

You would be able to get a mortgage of £96,000 and you could clear the car loan, and your husband could raise the £9,000 to pay you by increasing his mortgage to £101,000 as he has a mortgage capacity of £132,000.

Food for thought anyway!

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

 

Thanks and best wishes...

UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you

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