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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My marriage has broken down and the mortgage is in my wife

Customer Question

My marriage has broken down and the mortgage is in my wife s name I have lived in the home since first purchased we have equity in the home will I be entitled any in a settlement,also I have a dependant child from a previous relationship who stays with us would I be entitled to stay at the home until sold
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 with your ex and does she have any children?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

We have been living together 9year 6months at this address my ex has q daughter 24years old who no longer lives with us,my ex earns 27k basic and I earn 15k basic.The home is worth roughly 110k and im not sure what's outstanding but I know last time we had a statement we had paid roughly 20k and im sure we only paid 80k for the house I will have to find this out in more detail. Thanks

Expert:  Clare replied 2 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 2 years ago.

Through building society we had all fees included in the mortgage..

Expert:  Clare replied 2 years ago.
Hi
So it was a 100% mortgage?
Clare
Customer: replied 2 years ago.

Yes I think so..

Customer: replied 2 years ago.

Yes it was

Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

I have not started the divorce proceedings yet.

Expert:  Clare replied 2 years ago.
Hi
Within the financial side of the divorce proceedings you can apply for an Order for the Sale of the Property - assuming that your ex will not agree to negotiate on the matter
Unless your ex obtains an Order excluding you from the property as a result of violence then you will be able to remain in the property until sale
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Will I be entitled to a settlement? Worried because my name is ***** ***** the mortgage.

Customer: replied 2 years ago.

Would I be entitled to a settlement as my name is ***** ***** the mortgage

Expert:  Clare replied 2 years ago.
Hi
Yes you will be - the fact that you are not a joint owner is irrelevant as the family court has wide powers to distribute assets in the way they consider fair and appropriate
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much. .

Expert:  Clare replied 2 years ago.
Hi
You are most welcome i hope all goes well
Clare