How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
13262538
Type Your Family Law Question Here...
Clare is online now

I married in 1990. My wife and I lived for 1 year in my housing

Resolved Question:

I married in 1990. My wife and I lived for 1 year in my housing association flat before moving to a house that my wife owned.
The marriage is over and we are entering mediation. At one stage the house was in both our names but due to financial difficulties i experienced in 1999 ,the house was returned to my wife's name. The mortgage have been held in her name. I have never been unemployed and have always contributed to the house expenses, upkeep and maintenance.
I have registered the house as my matrimonial home at the land registry.
We have 2 small children, 5 & 6.
I have been asked to leave the house although I am primarily responsible for childcare.
The house is worth approximately £580k with £30k left on the mortgage
Do I have any financial claim on the house during a divorce?
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 was the purchase funded?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.
The house was solely funded by my wife. I made no capital input.
My sole debt is a an £8k loan.
Credit cards balances of £1.5k
I earn £30k and my wife earns £50k
Expert:  Clare replied 3 years ago.
Hi
When was it purchased?
Clare
Customer: replied 3 years ago.
I'm not sure. I just had a look at the land registry which shows that she became the sole owner in 1997 when I relinquished my rights for a 'peppercorn'.
I will guess and say 1984
Expert:  Clare replied 3 years ago.
Hi
How much does a cheaper three bedroom property in the surrounding area cost to buy?
Clare
Customer: replied 3 years ago.
£375000
Expert:  Clare replied 3 years ago.
Hi
Have you discussed how the care of the children will be shared between you?
Clare
Customer: replied 3 years ago.
We've decided to work around the existing arrangement
I would pick up children from school Tuesdays and Thursdays (as I do already), Dropping off the following day to school
2 weekends a month each

At present I take children to school mon tues, wed, Thursday and pick them up tues & Thursdays afternoon
The children are picked up by childminder Monday and Wednesday

Expert:  Clare replied 3 years ago.
Hi
What mortgage capacity do you each have?
(best guess is fine)
Clare
Customer: replied 3 years ago.
Tricky.... I'm 53 and she is 50.
I've been looking at monthly rents of about £1350
So on that basis I might be able to borrow £150000 over 15yrs?
She would have better capacity then mine
Sorry so vague
Expert:  Clare replied 3 years ago.
Hi
The first and easiest part is that you do indeed have a Financial Claim on the Matrimonial Home with a starting point of a 50/50 division
However that is only the starting point and the court has the power to distribute the assets in any way they consider appropriate
The fact that your wife brought the property to the marriage will be of importance but the priority is the safe and secure housing of the children
However the current house could be sold and a 64/35 split of the equity would still allow your ex to rehouse herself and the children - and possibly also allow you to do so - especially if you find a shared home ownership property to purchase
You will need to negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare

Customer: replied 3 years ago.
Continuing this question..... If I move out at the end of the month, as I have been asked to do so, do I subsequently relinquish any claim to the matrimonial home during the divorce proceeding.I am looking at 2 bed properties and will continue with my existing childcare arrangements as detailed above for Tuesday and Thursdays. It was my thought to rent for 6months to a year to enable the divorce to proceed smoothly and allow the children settle comfortably.I would continue to pay half the mortgage but exclude the household utility bills etc.
Expert:  Clare replied 3 years ago.
Hi
No you can leave without impacting on your claim
You do not need to keep paying the mortgage - just child maintenance
Clare
Clare and other Family Law Specialists are ready to help you

Related Family Law Questions