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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33314
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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I own the house with my ex however she has never contributed

Customer Question

I own the house with my ex however she has never contributed any money financially towards the mortgage bills etc.
I have owned the house for 17 years
I now have to sell the house
Would a court give me more from the equity left over.we own the house 50% equal share
We were married. For 10 months
She only lived in the house for 5 years
From 2002 to 2008
Please let me know what sort of claim does she have
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.
Are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
Why are you having to sell?
Why was the property assigned into joint names
Clare
Customer: replied 2 years ago.
Hi Clare
There are no children involved
The house is worth £170000
I put her on the deeds of the property in 2002 as a couple
The mortgage is £68000
I just want to move on Claire and start a new chapter with current partner
Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
What has your ex asked for?
Clare
Customer: replied 2 years ago.
She hasn't yet.I just hope that if I took this to court that they would favour me?
Please let me know.
Thanks Claire
Expert:  Clare replied 2 years ago.
Hi
What other assets and income do you each have?
Clare
Customer: replied 2 years ago.
Nothing else
Thanks Claire
I have very little in the bank
I have a pension where I contracted out of SERPS which I can not touch until I am 55
I take around £ 140 a week then pay myself a dividend being limited
I hope that's ok Claire
Expert:  Clare replied 2 years ago.
Hi
Who owns the property that she now lives in?
How much is the property worth?
Clare
Customer: replied 2 years ago.

her current partner she has lived with him for nearly 7 years now.

his property is worth around £200000

she is not on his deeds though.

Expert:  Clare replied 2 years ago.
Hi
My apologies - the question should have been how much is the Business worth
Clare
Customer: replied 2 years ago.

thats ok claire.

sorry i could not come back to you last night.

my knowledge of how much the business property is worth i could not estimate it is a limited company and me and my father own 50 % share each.

i hope this helps.

Expert:  Clare replied 2 years ago.
Hi
If you were marketing the business - what would the asking price be in the region of - best guess
Clare
Customer: replied 2 years ago.
The business or the property?
Sorry Claire
Expert:  Clare replied 2 years ago.
Hi
The Business and the business property
Clare
Customer: replied 2 years ago.
The business probably around £20000
The property around 300000
Own by my dad and me.
I hope this helps Clare
This is limited company
Thanks Clare
Expert:  Clare replied 2 years ago.
Hi
The fact that this was a short relationship and that you owned the property prior to the marriage does make it likely that the Family Court would indeed award you more than 50 % of the equity in the property and a split of 70/30 in your favour could be possible.
The only area of concern is the fact that you have substantial other assets which could push it back to nearer 50/50 (although your other assets would be safe) but again the fact that she is cohabiting with her new partner is of great assistance.
You will need to try and negotiate a settlement with her using Family mediation
www.familymediationhelpline.co.uk
if at all possible to minimise the costs
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare.

Thank you for coming back to me are you saying that my business property and the business would be safe? ie being a short marriage and no children ?

Also your point of her cohabiting with a new partner for over six years goes in my favour as well.?

I have been going through a living nightmare with this.

There is something i did not say before ,when i put my partner on the deeds of the property i agreed for her to take a loan out against my house £20k and further 10k overdraft , then in 2007 my ex not known to me took a further loan out of £30k so in total 60k for a business that failed absymally .

when we spilt up i only found out how much she put against this house.

this loan is now 50k with the mortgage at 63k total £113k

leaving me £57k would the court see this as being mine seeing as she was the one who put the debt against the house for the failed business.?

I know its lot to take in.

Thank you so much for the advice clare.

Expert:  Clare replied 2 years ago.
Hi
Who is paying that debt?
Clare
Customer: replied 2 years ago.

the house is paying the debt from the equity left over to sell the house.

so the debt is is being paid off by the sale of the property.

i hope this makes sense clare.

thank you so much for all the info you have given me.

kindest regards

bren

Expert:  Clare replied 2 years ago.
Hi
Sorry - what I meant is who is paying the instalments at the moment?
Clare
Customer: replied 2 years ago.
Hi Clare.
No one has paid .
We have now a deadline dare to sell the house by and that's why I have put the house on the market
This was my ex debt however she has left this to me to deal with.
I have done everything on the house and paid for everything
I really am so grateful Clare for all your help.
Bren
Expert:  Clare replied 1 year ago.
Hi
That does indeed make a great deal of difference and yes in the circumstances I would expect you to receive the equity
Clare
Customer: replied 1 year ago.

Thank you so much clare.

For the wonderful advice you have given me.

I really appreciate your time and i hope i can resolve this once and for all.

Kindest regards

brendan

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
Clare

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