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Ask Clare Your Own Question
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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divorce - split house value

Customer Question

my wife moved out of our house 6years ago, her choice. I have been paying the mortgage and up keep on the house. Mortgage is in joint name but she has made no contibution since she left. We have decided to get a divorce and she now wants half the house value. Is this value from when she left or for the current value?

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 much is the house worth and how much is outstanding on the mortgage?
How long did you actually live together and are there any children involved?
Clare
Customer: replied 2 years ago.

HI Clare,

The house has been valued at £450,000

The outstanding balance is £200,000

We lived in the house together for 5years

We have twin girls whom we share 50/50. They stay alternate days with each other and then we have them each alternate weekends. All expenses of the girls are split between us both.

I also pay her £400 per month towards the girls keep.

Expert:  Clare replied 2 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Approx £180,000,

When she move out we had an endowment policy worth £20,000 which she took to us a deposit for a 2 bedroom house which she live in

with the girls when they stay with her

Expert:  Clare replied 2 years ago.
Hi
Does she own her house
if so how much is it worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare I can fin out tomorrow an leg you know if that's ok

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.

Morning Claire

Mortgage was £150,000 and still owing £130,000 the property is valued a £170,000 my name is ***** ***** her mortgage although I don't pay anything.

Expert:  Clare replied 2 years ago.
Hi
Great - last question - is the mortgage on YOUR home repayment or interest only - if it is a Repayment how much have you paid off the capital since your ex left
Clare
Customer: replied 2 years ago.

Interest only from when she left

Expert:  Clare replied 2 years ago.
Hi
Then I am afraid that so far as the Family court is concerned they will look at the values of both properties NOW and - credit will be given for any capital repayment of any mortgage
So at present there is total equity between you of £300,000 or so - which should be divided 50/50 between you - she has £40,000 already - so she needs £110,000 from your property - and you each need to be released from the other's mortgages.
These are only rough figures and I have not counted in pensions!
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you confirm that If I decide not to sell my property can she force me to sell? Just I obviously needa home for my twin girls to stay with me as they have only just turned 16, am I legally allowed to stay there until they are 18 ?

Expert:  Clare replied 2 years ago.
Hi
Since a sale would still give you sufficient funds to rehouse yourself and the children then I am afraid that if she wished she could force an earlier sale - although in reality it could take a year or more in any event
Clare
Customer: replied 2 years ago.

Thank you.

What if I said I wouldn't agree to a divorce?

Expert:  Clare replied 2 years ago.
Hi
Since you have lived apart for more than five years you have no defense to a Petition based on that ground I am afraid
Clare
Customer: replied 2 years ago.

Hi Clare

Thankfully for the information. It's disappointing really as when she move out we cause in the endowment policy giving her a deposit for a house and she agreed to taking money from th hours sale when's finally divorced work in on the value of the property when she left.

I have had to pay for the mortgage and all the maintenance that needs doing, really seems unfair.

Could you advise how maintenance money is works out?

Expert:  Clare replied 2 years ago.
Hi
If you both agree on using the earlier valuation then that is fine - but remember you are adding in the increase in value of the property that she has purchased as well so there is a balance there.
If you have paid for any major improvements then you should claim credit for the cost of that
Clare
Customer: replied 2 years ago.

Hi Clare,

Last question.... I have my own cleaning business which used to be joint partnership with my brother. He passed away last year and I am now sole owner. Is my wife entitled to any of the business? It is a LTD company.

Ans what about pensions?

Regards

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the rules of the site mean I have to ask you to start a new thread for this
Clare

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