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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7609
Experience:  UK solicitor
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My partner is still married, I own my home and he is moving

Customer Question

My partner is still married, I own my home and he is moving in, can his wife include my home and or earnings in their divorce settlement. I want to ensure my equity is safe.
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Are there any children of your relationship with your partner?
What is he paying by way of rent?
Kind regards
Tom
Customer: replied 2 years ago.

No children between us and those that will live with us are 20 and not deoendent. He will contribute to the household - the plan is 50/50

Expert:  Thomas replied 2 years ago.
Hi
Thanks. I will answer at 9 am.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Provided that she does not have an interest in the house then your equity is safe in these circumstances, despite the divorce.
The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food/expenses to a total that is more than you would otherwise have paid in private rented accommodation in the area.
So, provided that the amount that he has paid in rent/expenses is not more than he would otherwise have paid in private rented accommodation AND he has not carried out works which have substantially increased the value of the property AND he has not paid capital sums off of the mortgage then you will be okay and the equity will be safe.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom

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