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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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im getting divorced, i have the decree nisi, the house is in

Customer Question

im getting divorced, i have the decree nisi, the house is in the wifes name, i have paid the mortgage and all the household and car bills for more than 20 years, am i entitled to a share of the value of the house, the house is worth around £120,000?
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 any outstanding mortgage, and what other assets and debts are there including pensions?
Ar ether e any children involved?
What income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare, I'm away from the house until Friday, I will get the information you require, and reply to you then, many thanks
Expert:  Clare replied 2 years ago.
HI
That is fine - add when you can
Clare
Customer: replied 2 years ago.

Hi Clare, i have 2 children, aged 19 and 22, both live at home.

There is £926.33 left on the mortgage.

I have a credit card that i owe £2297.68, i also have a loan that i owe £24,669.04.

I dont have any assets

My income is £12.4103 per hour, for a 50 hour week.

As far as the pensions are concerned, is it the fund value you need?

I have 3 pensions that i have, but dont contribute too, and a current company pension that i do contribute too.

Expert:  Clare replied 2 years ago.
Hi
Given the length of your relationship the starting point for division of all the assets is 50/50.
This includes the pension in your name and the house in hers!
Since there are no minor children involved there is no reason why the house should not be sold.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare, last question, once i have the decree absolute, i will have to move out, when this happens, i will have to stop paying the bills and cancel direct debits relating to the house, will this affect her having to sell the house, she says she wont sell, its her house, how do i get her to sell?

Expert:  Clare replied 2 years ago.
Hi
In fact even after the Decree Absolute the Court can grant an Order allowing you to remain in the Matrimonial Home until the financial issues have been resolved - although it would be better to delay Decree Absolute until the application has actually been issued
Within the financial application you can force the sale of the property - the court will order it, however first you do need to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare, thank you very much for the advice you have given me, now i know exactly what i have to do to resolve the issues i have, many thanks

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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