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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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Hi Please could you advise me on the following matter and

Resolved Question:

Hi
Please could you advise me on the following matter and whether there would be any point in pursuing the matter?

Sale of property
My Ex wife wants 70/30 split of equity in her favour as advised by her solicitor who said she could push for 75/25. Also, I have no claim on any shared contents of house due to me being left for so long.
Mortgage is in both names and Ex wife has only been paying for the mortgage soley since March 2013 while I have continued to pay maintenance for my son in full-time education.

Is her percentage claim a fair one and why?
Could I offer to pay back half of her mortgage outlay since March 2013 then go 50/50 on sale of the property.
Can she claim back all of the Equity she has paid off over the past year when in this case it would appear she is living there rent free? (she she can claim back the mortgage outlay)

Chronological events listed below

I left on 20th Jan 2010 and rented a flat
Continued to pay whole mortgage and bills until May 2010

June 2010 until Feb 2011 Continued to pay half mortgage, maintenance, Denplan, water rates. BT and insurances

March 2011 until Feb 2012 Continued to pay half mortgage plus maintenance.

Divorced October 2012

March 2012 until Feb 2013 Ex wife then paid interest only mortgage while I paid £250 per month for son still in full-time education.

March 2013 to present. Ex wife continues to pay for whole mortgage while I pay £250 per month for son still in full-time education which is due to finish this July.
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 long have you lived together and how old is your child
What assets and debts are there (including pensions) and what income do you each have?
Clare
Customer: replied 3 years ago.

We lived together from 1990 - 2009.


My daughter is 21 and my son is 18.


 


The only assett is the house.


I have a very small frozen pension which is basically worthless.


I don't know of my ex wife's debts apart from her student loan.


I have a moderate credit card debt which is managed


There are no joint debts.


 


My current income is approximately £16,700 per annum


My ex wife's income is approximately £15.500 per annum


 


I need to point out that I re-married in August 2013


 


My ex wife is still single and living at the property with my son moving to London in September

Expert:  Clare replied 3 years ago.
Hi
Does your ex have a pension?
Clare
Customer: replied 3 years ago.
I'm not sure
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth an dhow much is outstanding on the mortgage.
What capital did you each bring to the marriage?
Clare
Customer: replied 3 years ago.

The house is worth approx £165,000


 


The outstanding mortgage is £124,000


 


No capital brought to the marriage


 


Many thanks


 


 

Expert:  Clare replied 3 years ago.
Hi
just to check - where did the deposit for the house purchase come from?
Clare
Customer: replied 3 years ago.

We saved it between ourselves £5000

Expert:  Clare replied 3 years ago.
Hi
Since there are no minor children; no pension and you earn much the same income then there is no basis on which your ex could achieve a 70/30 split on the equity
The starting point is 50/50.
A 60/40 split in her favour is a possibility - but far from a certainty and the fact that she has been paying the mortgage is not relevant since she has also had the benefit of living there
By all means offer to negotiate with her using Family Mediation (www.familymediationhelpline.co.uk) but no do not simply agree
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


Thank you for your advice, it has been most helpful.


Just one more thing......


 


My wife owns her own house which is all paid for. She owned it before we met and the deeds are solely in her name.


 


Does this make any difference to the argument and could my ex ever make claim to it?


 


KInd regards

Expert:  Clare replied 3 years ago.
Hi
No your ex cannot make a claim on it but it odes make a 6-/40 split more likely
Clare

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