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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 married almost 4 years ago and my husband paid off my remaining

Resolved Question:

I married almost 4 years ago and my husband paid off my remaining mortgage of £20,000.
The house deeds are in my name. My marriage is in trouble and I am considering seperating from my husband. Will he be entitled to a share of the house?
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 long have you actually lived together and how much is the property worth?
Are there any children involved and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

We lived together for only 1 month before we married in May 2011.

I’m 60 years old and my husband is 57. We have grown up children but not dependant on us.

We both left our jobs on when we married and now our incomes are much lower.

Myself - part-time and earn approximately £10,000 per year

Husband £15,000

The property is worth £235,000. The mortgage was in my name and the deeds are in my name. My husband paid off the remaining £19,800 when we married.

Hope this helps

Valerie Viner

Expert:  Clare replied 2 years ago.
Hi
Do either of you have any other assets?
Clare
Customer: replied 2 years ago.

Life assurance for myself, no savings.

Husband has a pension and half is already given to his ex wife. No savings that I know of.

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

Approximately £140,000

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the fact that your husband paid off your mortgage does increase his financial claim on the Matrimonial Home and since a sale would still give you enough capital to rehouse yourself there is a very real risk that the family court would order it.
He is NOT entitled to 50% of the equity - but 10-15% is possible I am afraid
I am sorry to give you bad news
Please ask if you need further details
Clare
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