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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 wife left me 6 years ago .Is she still qualified for 50%

Resolved Question:

My wife left me 6 years ago .Is she still qualified for 50% if the value/ I have had the mortgage for 15 years. I  have paid the mortgage for the last 6 alone. I am declared as sole occupier.

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 were you living together and are there any children involved?
How much is the property worth and how much is outstanding on the mortgage?
What other assets do you each have?
Clare
Customer: replied 2 years ago.

Together for 14 years, no children, no other assets. Current value £140,000. Mortgage balance, £23,000.

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

The original purchase was funded by myself. I had a sole mortgage. I added my wife a year or so later under pressure from my mother in law.

Thank You.

Customer: replied 2 years ago.

I bought it in my name as I have the finances. I added my wife s year or so later under pressure from my mother in law.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
How much was the deposit?
Clare
Customer: replied 2 years ago.

The original mortgage was fo £67K. No deposit was required.

Expert:  Clare replied 2 years ago.
Hi
how much capital has been paid off the mortgage in the last 6 years
Clare
Customer: replied 2 years ago.

Hard to say exactly, Should be about 10-12K.

Expert:  Clare replied 2 years ago.
Hi
Its a bed news good news situation.
The bad news is that she does have a financial claim on the property - the good news is that 50% is highly unlikely
Since you cannot sell the house without a court order or her agreement your best option is to start divorce proceedings and within those apply for the financial issues to be dealt with.
the Family Court has wide power to distribute the assets between the parties in any way the court considers fair
You will be given credit for the Capital reduction - and I would expect you also to be given credit for her lack of contribution
As a very very rough guide maybe an 80/20 split in your favour - maybe even better
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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