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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 I am planning to divorce my husband we have a house the

Resolved Question:

Hi I am planning to divorce my husband we have a house the mortgage is in my name, will I have to give him half as I owned property before? I have always pairs the mortgage and the council tax sect for the last ten years.
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 are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have
Clare
Customer: replied 3 years ago.

Hi Claire, we have been married ten years live together for five years.we have no children,the house would sell for 160.00 I have about 70,00 left on the mortgage.Paul has his own business cleaning company doesn't make a lot of profit.I am a manager of an old peoples home and earn just under thirty thousand,we have a caravan which is tied into a loan for 2 years


My mum and dad bought me a car in 2009 and I have a second car as a run around.


Many thanks,


Kate

Expert:  Clare replied 3 years ago.
Hi
Does your ex have any savings?
How much is his company worth?
Clare
Customer: replied 3 years ago.

No he doesn't have savings, how would I know what his company is worth?


Kate

Expert:  Clare replied 3 years ago.
Hi
Has it ever been valued at all?
Clare
Customer: replied 3 years ago.

No, the house is in my name and I pay all the bills except the gas and electric which is paid out of the business as Paul works from home.


I have sugessted

Expert:  Clare replied 3 years ago.
Hi
Can I just check - have you lived together for 15 years altogether?
Clare
Customer: replied 3 years ago.

Yes

Expert:  Clare replied 3 years ago.
Hi
A 15 year relationship gives him a clear financial claim on the matrimonial home - and the starting point for the court is 50/50
However the fact that you owned the property prior to the marriage is likely to reduce his share - an din addition you have a claim on the capital value of his business which will further reduce the amount he might receive
You can negotiate with him using Family mediation (www.familymediationhelpline.co.uk)
A 20/80 split in your favour should be achievable
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you