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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33956
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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Me and my husband have separated we are now putting the house

Resolved Question:

Me and my husband have separated we are now putting the house which is in joint names up for sale. With me being in and out of work for past 2 years would i still be entitled to half the proceeds? he put the deposit down for the property and is the main bread earner but i pay for the joint homeowner loan we have. Would i still be entitled to half?
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 together?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

We have been together 5 yrs married for 2yrs lived together in this property for about 2 1/2 yrs. House is worth about 160,000 and there's 86,791 outstanding on the mortgage. Danielle

Expert:  Clare replied 2 years ago.
Hi
How much was the deposit?
Are there any children at all?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

He put 27000 down on the house from his previous property but mortgage is in both names. There's no children involved and unfortunately I'm not working so he pays mortgage council tax insurance and water and I pay the loan we have gas electricity sky and phone bill. He is living with his new partner now so it's me who controls the up keep of the house. He is 25 years older than me as well.

Expert:  Clare replied 2 years ago.
Hi
have you started divorce proceedings?
Clare
Customer: replied 2 years ago.

No not yet

Expert:  Clare replied 2 years ago.
Hi
What other assets are there and what income do you each have?
clare
Customer: replied 2 years ago.

No other assets just few bits in the property and he's very work orientated so is always doing lots of overtime....which is one reason why we split. But he gets about 21000 -22000 and I recieved dla which is about 3500 I was receiving job seekers but that was stopped.

Expert:  Clare replied 2 years ago.
Hi
Where were you living prior to moving in with your husband, and where will you live once the property is sold?
Clare
Customer: replied 2 years ago.

We were renting a flat for 10 months and before that with friends. And I am planning to move away with my partner and he will b living with his new partner. Both of our partners have just sold properties but won't come out with much.

Expert:  Clare replied 2 years ago.
Hi
Your was a short to medium length relationship and your ex brought a large deposit to the relationship.
You already have a new partner.
However you also have a disability
On this basis a 60/40 split of the equity in his favour is a possible outcome if the matter went to court - but even that would be lucky for him
It is reasonable for you and your ex to negotiate on his point using family mediation
www.familymediationhelpline.co.uk
But do not accept lower than 40% - and that is based on the capital he brought and nothing else
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33956
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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