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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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Not been married 4 years no children involved house in my name

Resolved Question:

Not been married 4 years no children involved house in my name spouse not worked for last 2.5 years whats she entitled too?
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.
I need a bit more information to be able to answer:
What's the house worth roughly?
How much is the outstanding mortgage on it?
Did you buy the house as a home for the two of you together, or did you buy it sometime before you met - if so, how long before you two started living together?
What other assets & debts are there?
What annual income do you each have from all sources?
Is there any particular reason your spouse has not worked for 2.5 years? Is she experienced and/or qualified in any particular occupation? If so, roughly what is her earning capacity?
Customer: replied 3 years ago.

I had house 6 years before she moved in its worth 250000 with oustanding mortgage 120000 she has not wanted to work for last 2.5 years no other real debts or assets

Customer: replied 3 years ago.
Relist: Answer quality.
No real answer that could go on forever
Expert:  UKfamsol replied 3 years ago.
Hello again and thanks for the information. Sorry for the delay in getting back to you - I am not always able to answer instantly as I am a working solicitor in my office.
Your house is worth £250,000 with a mortgage of £120,000 secured against it, so the equity is £130,000.
I see that you bought the house 10 years ago and that you have lived together there for the last 4 years. You could therefore argue that that only 4/10 of the equity should count as a matrimonial asset ie 4/10 x £130,000 - £52,000.
Your spouse is likely to get at least 50% of this ie 50% x £52,000 = £26,000. Her share could be more than 50% if her earning capacity is significantly lower than yours.
The only way to get a legally-binding agreement is via a court order. You cannot apply for an order in a matrimonial case until a divorce petition has been filed at court, so issuing your divorce petition is the first step you need to take.
As going to court is stressful, time-consuming and expensive, negotiating an agreement is preferable. This can be either by discussions between the two of you, or via solicitors' correspondence, or via mediation. The family court anyway now requires that the parties attempt mediation before it will consider an application to court.
Here's where to find a local family law mediator:-
http://www.familymediationcouncil.org.uk/find-local-mediator/
You would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near to you:-
http://www.resolution.org.uk/findamember/
If you can reach agreement with your spouse, a solicitor can draw that agreement up into a draft consent order, which you both sign, and which is then sent to court for the district judge to approve. Once approved by the court, a consent order is as binding as an order made following contested proceedings.
I hope this helps, and I wish you the best of luck.
Thanks and best wishes...
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