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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I separated from my wife 30 years ago, we lived in a council

Resolved Question:

I separated from my wife 30 years ago, we lived in a council house. after that i bought a property, is she entitled to half
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.

I need a bit more info to be able to answer;

How soon after you separated from your wife did you buy the house?
Who owns the house? Is her name on the title deeds?
Are you divorced from you wife? If so, when was the divorce finalised?
When you got divorced, were there any court orders concerning the house and other assets?
Customer: replied 3 years ago.

bought the house 7 years later.


I own the house, Her name is ***** ***** the title deeds.


not divorced from her.

Customer: replied 3 years ago.

7 years


I own the house


her name is ***** ***** the deeds, she just found out i have property


divorce not finalised.

Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the info.

If you do decide to divorce your wife, the court requires a copy of the divorce papers to be served on her - and once the divorce petition has been filed at court, then either one of you is entitled to make a claim aganist the other if you cannot agree between yourselves how to divide the matrimonial assets. The matrimonial assets are everything in your name, everything in her name and everything you own jointly. You would both be under a duty of full financial disclosure to each other (and to the court if it goes to court). Of coures, she also might own property by now, in which case, what you own might be cancelled out by what she owns.

The court does start from the position that everything is divided 50:50 - then considers reasons why that should not be the case, such as if one party has a significantly lower income than the other, or is providing a home for dependent children, then that person can argue for a larger than 50% share. Your strongest argument for giving her a less than 50% share (if what she owns is still a lot less than what you own) might be that following your separation, she herself did not file a divorce petiton at court, nor did she apply for a financial order, and therefore getting divorced now is not going to put her in financial need or housing need - but she would still be likely to get a share - the precise percentage will depend on what both of you own, and what each of your financial & housing needs are now. Sorry I can't give a definitive answer - unfortunately family law does depend on the precise facts of each case.

One option you might consider is just to let sleeping dogs lie and not get divorced - but of course if you are planning to remarry then that is not an option.

If you do decide to stay married, make sure you write a will or update an exsisting will, or your wife may inherit under the rules of intestacy or under an outofdate will.

Some face-to-face legal advice may help. Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

I hope this helps anyway and I wish you the best of luck.


Thanks and best wishes...

Customer: replied 3 years ago.
Relist: Other.
Haven't had an answer
Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the info.

If you do decide to divorce your wife, the court requires a copy of the divorce papers to be served on her - and once the divorce petition has been filed at court, then either one of you is entitled to make a claim aganist the other if you cannot agree between yourselves how to divide the matrimonial assets. The matrimonial assets are everything in your name, everything in her name and everything you own jointly. You would both be under a duty of full financial disclosure to each other (and to the court if it goes to court). Of coures, she also might own property by now, in which case, what you own might be cancelled out by what she owns.

The court does start from the position that everything is divided 50:50 - then considers reasons why that should not be the case, such as if one party has a significantly lower income than the other, or is providing a home for dependent children, then that person can argue for a larger than 50% share. Your strongest argument for giving her a less than 50% share (if what she owns is still a lot less than what you own) might be that following your separation, she herself did not file a divorce petiton at court, nor did she apply for a financial order, and therefore getting divorced now is not going to put her in financial need or housing need - but she would still be likely to get a share - the precise percentage will depend on what both of you own, and what each of your financial & housing needs are now. Sorry I can't give a definitive answer - unfortunately family law does depend on the precise facts of each case.

One option you might consider is just to let sleeping dogs lie and not get divorced - but of course if you are planning to remarry then that is not an option.

If you do decide to stay married, make sure you write a will or update an exsisting will, or your wife may inherit under the rules of intestacy or under an outofdate will.

Some face-to-face legal advice may help. Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

I hope this helps anyway and I wish you the best of luck.


Thanks and best wishes..
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