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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 have been happily married for 10 years and have no intention

Resolved Question:

I have been happily married for 10 years and have no intention of getting divorced.

However, I have recently inherited a large amount of money which I intend putting towards our joint mortgage. In other words, I will have contributed a much greater amount towards the house than him. (I haven't worked it out, but call it two-thirds to one-third).

What would happen in the event of divorce? Would the house simply be split 50/50? And does it make any difference anyway; would he be entitled to 50% of my inheritance regardless of whether I pay off a chunk of the mortgage or not?

Many thanks,

Angela
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.
Are there any children involved?
Clare
Customer: replied 3 years ago.
Yes we have two children - aged 4 and 7. I should also have mentioned that aside from this large sum, practically everything else is entirely equal. I work nearly full time (4 days) and my 4 day salary is approximately the same as my husband's full time salary - perhaps a bit more.
Expert:  Clare replied 3 years ago.
Hi
How much are the capital assets - and how much will you inherit?
Clare
Customer: replied 3 years ago.
Assets in the house approximately 800k. I would say we have roughly half each although I did put £80k in about 5 years ago. We have just bought a house requiring huge renovation. We took out mortgage of £350k. I will now put £190k into the renovation pot.

Sorry - the exact figures are a bit complicated !
Expert:  Clare replied 3 years ago.
Hi
Where there are sufficient other assets to allow the needs of the parties (and the children) to be met the Court will ignore Inherited assets unless they have been subsumed into the matrimonial assets - such as via investment into the jointly owned property.
However the fact that you have made such a substantial extra payment towards the mortgage would always be taken into account
Clare
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