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: 34236
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

Hello. I am a joint owner of a property, myself and my husband

Resolved Question:

Hello. I am a joint owner of a property, myself and my husband are seperating and selling the property. On purchase of our original house, 9 years ago I put in £28k and he put in £50k. We signed a deed of trust for that property which meant if we seperated we would take out what we had put in, however we then went on to buy 2 more properties and didn't sign another deed. I supported him financially for the first 4 years of our partnership and then subsequently on average earnt approximately £5k a year more. We have been married for 4 years. My husband is now claiming from our equity which is in the region of £260K that he have a higher percentage. Do I have a claim that the equity should be split 50/50 or do I go forward with the original % adding profit from the purchase of our 2nd property?
Thank you
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 actually been living together and are there any children involved?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.
We've lived together for 9 1/2 years. There are no children. My income is £42k pea and my husbands is £32k. We have one outstanding debt of £25k which we have agreed to divide between us until the end of the term which is in 4 years.

Lynne
Expert:  Clare replied 3 years ago.
Hi
The fact that you are married means that the family court has the power to redistribute the assets in any way they think fit - and the Declaration of Trust has no force.
Given the length of the relationship between you and the relative financial contributions then it is unlikely that the court will move far from the normal starting point of 50/50
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