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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34120
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 fiancee has just divorced after 11 years seperated. Her

Resolved Question:

My fiancee has just divorced after 11 years seperated. Her ex has not contributed to the house in any form ie mortgage, utilities, food etc or paid maintenance for the 4 children, the youngest now 18 during that period. He did contribute during the first 10 years before the seperation. He is claiming entitlement of 50% from the sale of the house. Is he entitled to that figure?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
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?
Is it a repayment or an Interest Only mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare, It is valued at approximately £130,000 repayment & 3 years left, at £5000.

Expert:  Clare replied 2 years ago.
Hi
How much has she paid off the mortgage since he left?
Clare
Customer: replied 2 years ago.

Hi Clare,

Things are slightly confusing.

It seems the mortgage for £25,000 was taken out in 1990, he contributed for the first 14 years. She has paid approx £200 per month for 11 years.

There is an outstanding balance of £6000 to be paid.

Expert:  Clare replied 2 years ago.
Hi
May I ask why she did not apply to the CSA for maintenance?
Clare
Customer: replied 2 years ago.

I have asked the same question.

I seems he claimed he could not afford to pay as at the time of the split, he was in & out of work.She has said she didn't want anything from him!!! He had the children at weekends for the first couple of years but then that tailed off.

Customer: replied 2 years ago.

I have asked the same question.

It seems he claimed he could not afford to pay for the children at the time of the split due to being in & out of work. She said she didn't want anything from him.He had the children at weekends for the first couple of years but then that tailed off.

Expert:  Clare replied 2 years ago.
Hi
Whilst the starting point for division of the equity is indeed 50/50 the family court has wide discretion to distribute the matrimonial assets in any way they consider fair in all the circumstances
If the ex had been paying child maintenance it is likely that your fiance could have hoped for a 60/40 division in her favour - since he didnt then she can look for am 80/20 split in her favour
However she must NOT remarry until the final financial order has been made.
With that in mind she should attend a Mediation Information and Assessment meeting as a matter of urgency so that she can start the court process if necessary
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare,

Thank you very much for your help.

It will help to relax my fiance who has been getting herself very upset.

Again thanks for the advice.Smile

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare and other Family Law Specialists are ready to help you

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