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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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house ownership rights.

Resolved Question:

married couple lived in house since 1993 want to separate .what is legal standing of husband with regards ***** ***** house .mortgage is in wifes name it is 50 percent mortgage 50 percent housing association. both still live in house. moved into house toguether ,is husband entitled to a percentage of the property 2 children are now adult age.

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 much is the property 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.

Property worth 300 000. Income 23 000 anually each .mortgage nearly finished 2 years left in her name. property 50 percent mortgage and 50 belongs to housing association.

Expert:  Clare replied 3 years ago.
Hi
How much is actually outstanding - left to pay - on the mortgage?
Clare
Customer: replied 3 years ago.

Approximately 10.000 left to pay so basically she owns 50 percent of 300.000 minus the 10 thousand outstanding.

Expert:  Clare replied 3 years ago.
Hi
What income do you each have?
Clare
Customer: replied 3 years ago.

Have already told you 23.000 each

Expert:  Clare replied 3 years ago.
Hi
My apologies - a meant to ask what PENSIONS you each have (by which I mean other that the state entitlement)
Clare
Customer: replied 3 years ago.

30 000 in pension each.

Expert:  Clare replied 3 years ago.
HI
Given the length of the relationship the starting point for division of the assets - no matter whose name they are in - is 50/50
Since you are well matched on pensions and income then unless one of you has a serious medical disability I would not expect the court to move away from a straight split.
Please ask if you need further details
Clare
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