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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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Hi my wife has moved in to her house dad has left her we were

Customer Question

Hi my wife has moved in to her house dad has left her we were going to sell both house she has change her mind can I have any ov the house or money
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

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

Whose name(s) is on the title deeds of each house?
Are you planning to get divorced?

Customer: replied 2 years ago.
Her name yes I amplaning
Customer: replied 2 years ago.

Hi my wife left moved her stuff out ov my house . And said see u later . But she decided to stay in her hose she has just got off her dad . Her name is on deeds and she has got about 600000 pounds . Is than u have anything ov house and money we were fine up to that point I have tried everything sell my house to by one tougher
She say she has got a opportunity now x

Expert:  UKfamsol replied 2 years ago.
Sorry for the delay in getting back to you - I will give you a detailed answer by the end of today - please bear with me.
Expert:  UKfamsol replied 2 years ago.

Ok thanks for the extra info.

If you and your wife separate, the two of you can agree whatever you want about how the assets should be divided between the two of you – but if you can't agree, or you want your agreement made into a legally binding agreement, then you will to apply to the family court for a court order (which can be a court order by consent withoiut actually having to go to court if you have reached agreement). The family court can only make an order if a divorce petition has been filed at court.


Going to court is stressful, time-consuming and expensive, so if you can reach a settlement, that is much preferable – but it must be negotiated according to the same principles that a court would decide the issues, or you risk the agreement being overturned at a later date. That means that both of you must give the other full details of all your financial circumstances.


The court starts from the position that the matrimonial assets should be divided 50:50 – then looks as reasons why that should not be the case. The matrimonial assets are everything in your name, everything in her name, and everything you own jointly. Pension entitlements count as matrimoinal assets.


If one person has a significantly lower income than the other, and/or is providing a home for dependent children, they can argue for a larger than 50% share if the assets eg 60%,65% or 70% but rarely more than that.


There can also be an argument about whether or not an asset is a matrimonial asset eg if someone inherits property or money, and these have not been used for the benefit of the household - such as money being kept in a separate account and not used at all for household expenses , or a property that was not lived in as the family home. This is what your wife might claim, and if the court agrees with her, then you will not get a share of the monies or property that she has inherited.


But you should get at least 50% if not more of the property that you lived in together, regardless of whose name it is in now, as the court has the power to change ownership of property, if the court deems that would be the appropriate way to resolve the matrimonial dispute. If the house is in your sole name already and is worth a lot less than the house she has inherited plus the money she has inherited, you might be able to argue that she should not be able to make any claim against the house at all – but the court considers the value of ALL the assets added together (your and hers) and decides on a fair division of all, rather than just considering one house on its own.


You can negotiate either between the two of you, or via solicitors' correspondence or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:-


http://www.familymediationcouncil.org.uk/find-local-mediator/


I think you would benefit from some face-to-face legal advice – here's where to find a specialist family law solicitor:-


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


But the first stage is to file your divorce petition at court.


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


Thanks and best wishes...

Expert:  UKfamsol replied 2 years ago.
Hi again

I see that you have looked at my answer but not accepted it. Is there anything in your question that you feel I have not answered? Or anything in my answer you 'd like clarified?

Let me know - I'll do my best!

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