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Ask Clare Your Own Question
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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I am just about to enter mediation with my husband over our

Resolved Question:

I am just about to enter mediation with my husband over our property, i have two children, one has been working for 18 months and the other is at university. I have been led to believe that only the child that is at university is classed as a dependant. What percentage of the equity on our house will i be entitled to as i obviously have to provide them both with a home. Also i have paid the joint mortgage alone since 2011 am i within my rights to use the house value back then as a starting point as if i hadnt paid it as well we wouldnt have a home to be sharing the profits of ?
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/been married?
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 Clare


We have lived together for nearly 14 years and been married 11, the presnet value of our house is £435,000 with an outstanding balance of £257,000. back in 2011 the value was £380,000. There are three charges on the house to the value of about £5000 all of which are my husbands unpaid fines etc, my husband has a couple of pensions and he also had a inheritance a few years ago of which he had every penny no monies were spent on the home or family. i have no idea of his current income and mine is approx £7000 p.a i also claim working tax credits.


 


Tracy

Expert:  Clare replied 3 years ago.
Hi
So the children are not also his children?
Where did the capital for the original house purchase come from?
Clare
Customer: replied 3 years ago.


No the children are not his, the capital came from the sale of my house from my previous relationship and the same for him


Tracy

Expert:  Clare replied 3 years ago.
Hi
What capital did you each bring to the relationship?
How many bedrooms does it have and how much does a two bedroom property in a slightly cheaper area cost to buy?
Clare
Customer: replied 3 years ago.


we both put the same amount of deposit on the house, although as it was so long ago i cant remember exactly how much it was, i think it was about £10,000 each. To buy a 2 bed property will probably be approx £175,000-£200,000


Tracy

Expert:  Clare replied 3 years ago.
HI
How old is the child that is working?
How much did your ex inherit?
Clare
Customer: replied 3 years ago.


My oldest is 22, He inherited £30,000 and there are still outstanding bonds to cash in, or there was when we split up


Tracy

Expert:  Clare replied 3 years ago.
HI
I am afraid that the fact that the children are over 18 - and are in any event not his biological children means that their needs have no place in the approach that the family court will take when it comes to distributing the assets
Equally I am afraid that the court deals with the value of the property at the time of the hearing - so I am afraid that it is the current value of the property that is relevant - and it is unlikely that you can claim credit for the mortgage payments since you have been living in the property and he has not
To add to the blow the fact that the inheritance was always kept in his sole name reduces the claim that you can make on it
I am sorry - I know that this is not good news - however you do have a claim on his pension - and if he earns more than say £20,000 a year you may also have a claim for spouse maintenance
I hope that this is of assistance - please ask if you need further details
Clare

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