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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 am going through an acrimonious divorce, my husband left

Customer Question

I am going through an acrimonious divorce, my husband left what was known to be the matrimonial home 18 months ago, the house was mine before we married, 2 years into the marriage we got a joint mortgage paid off his loan and other small debts (credit cards), we were living together as husband and wife 6 years (now married 7 1/2 years), had the Nisi not Absolute as he is trying to get half the house, just had ancillary relief hearing and sorting out all the paperwork for the FDR. I believe he is living with his new partner, I know his partners address just need to prove he is there all the time. If I can prove this will he have less rights on his claim on the house? I am 50 he is 62 there were no children. I have a daughter who is living with me aged 23 who has just found out she is pregnant her boyfriend is in the Army and clearly I need to support her and the baby regarding housing needs. My husband just wants to see me out of my home, I inherited the house which had been in my family since 1967, he knows emotionally it would be difficult for me but I accepted I would probably have to sell and get a 2 bedroom house but now feel I will need to stay in a 3 bedroom house. Please could you advise me.
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 long did you live together for?
What other assets are there and what income do you each have?
Clare
Customer: replied 3 years ago.
Hi Clare thank you for getting back to me so quickly.
The house has been agreed my the court to be worth £335,000 - mortgage £121,000. Nigel moved in Sept 2004, married August 2006. The only other asset I have is my car worth £5,000. Nigel has 3 properties in Spain part owned with his friend Ken he is trying to say they are in negative equity however I have disputed this so they are going to be valued all 3 properties have mortgages, he does rent one out all year round also another one which is rented for summer lets however only put down £3,000 per year when we were together he would take cash for rents this was never put down as an income, the third property is an old cave house to be done up so not rented. He has £87,000 in bonds and ISA's. A car worth £4,000. When Nigel put down vale of Spanish properties 1 was 30,000 euros I think it is worth 40,000 euros, 2nd house 50,000 euros this is advertised for sale at 80,000 euros and 3rd property 60,000 euros currently advertised for sale 105,000 euros (he isn't aware I know he has them advertised for sale ), my solicitor does have copies of the adverts also details of how much he advertises them for rents, this is why I disputed their value. As regards XXXXX XXXXX he has his own garage repairing cars, again he often dealt in cash so only showed an income of £12,000 a year!!!! Obviously I cannot prove that but whilst I was with him he always had lots of cash and put through small amounts for his income. For myself I have a low basic but get commission my salary this year is around £30,000. Nigel also has a small pension which amounts to £800/900 a year but he will get a full state pension at 65.

When I met Nigel he was going through a divorce, had been married 30 years and he wife got 86 per cent of the assets which he was always bitter about now unfortunately for me he is trying to get 50 per cent of my house. I only had a £75,000 repayment mortgage when I met him. I inherited the property and bought my brother and sister out hence the mortgage in 2001. Nigel's father is still alive and does have inheritance potential, I do cringe at saying that but it was a fact that my solicitor flagged up.

I hope this helps, just remembered, with regard to Nigel's business he just said that the garage equipment was only worth £750, he doesn't employ anyone. I look forward to receiving your comments. Kind Regards Julie
Customer: replied 3 years ago.
Hi Clare I forgot to mention in all the time we were together and since he left I always paid the mortgage life insurance rates and most the bills. Nigel use to pay for food and occasional bill, he did pay for our trips to Spain and socialising. He spent very minimal amount on the house for improvement just a bit of decorating which probably amounted to a few hundred pounds if this has any bearing on things. Julie
Expert:  Clare replied 3 years ago.
Hi
Does he own the garage premises and what division is your solicitor suggesting?
Clare
Customer: replied 3 years ago.

Hi Clare no he rents the garage and my solicitor
Hasn't said what percentage she did say
He probably might get something as it was
Classed as the marital home only because
They would look at his housing needs and he
Thinks he is entitled to buying somewhere
Due to his age he is saying he has limited
Mortgage ability and reckons he has neck
Problems so he might not be able to work
In the near future I have also requested
A medical report as he is a very strong fit
Man for his age. Regards Julie
Expert:  Clare replied 3 years ago.
Hi
How much does a studio property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

The area Nigel is living in is less expensive
Than Tunbridge Wells he is near East Malling
Well a 2 bed flat is only 120,000 so probably
£60/70,000
Expert:  Clare replied 3 years ago.
Hi
Mixed news I am afraid
Whether or not he is cohabiting will not effect his claim on the property - he is still entitled to a capital settlement given the length of your relationship
Equally I am afraid that your daughter's pregnancy will have no relevance to the mater.
HOWEVER there is little chance of his receiving 50% of the equity given the fact that you brought the house to the marriage and the remortgage was to pay his debts and he has significant other assets.
Indeed the extent of his savings in Bonds and ISA's actually raises the issue of whether or not any limp sum will in fact be payable at all.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you I really appreciate your advice, hopefully all this will be resolved
Before too long. Many thank. Regards Julie
Expert:  Clare replied 3 years ago.
Hi Julie
I do hope all goes well for you
Clare

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