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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 just need some advice... My husband and l are in

Resolved Question:

Hi,
I just need some advice...
My husband and l are in the process of getting divorced, we have put the house on the market first and it's in the midst of going through its sale...
We have a joint mortgage together - I.e. In both of our names. My husband is now telling me that because he was in the property by 10 years before l moved in that he's entitled to 80% of its proceeds (leaving me with only 20%)???
Is he entitled to do that bearing in mind that l was an equal contributor to both bills and mortgage from 2005 until 2013 before l was signed off with depression owing to my marriage difficulties (and my medical records would back me up on this too)!
We have no children, so my understanding is that assets at the point of divorce would be 50/50?
Any advice on my legal understanding would be greatly appreciated...
Any
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?
What other assets are there and what income do you each have?
How long did you live together?
Clare
Customer: replied 2 years ago.
Hi Clare,
Here is some extra factual information for you....
We officially married in 2006, the mortgage was changed into dual names in 2008.
I have lived in this house since 2005.
The house has just been sold for £277k and we owe £160k on the outstanding mortgage.
The only other assets we have is my engagement ring and an ongoing claim via the Financial Ombudsman on an income protection insurance policy that refused to pay out when l was originally signed off work with stress.
As for other income... My husband is in full time work and l am now temping on minimum wage. I lost my job (as a Marketing Manager at the same Company as my husband on £35k) in 2013 as a direct result of standing up for my husband's bullying at work, of which l can prove with taped minutes of a meeting - he suffers from adult ADHD and l can no longer cope with it, hence the divorce...
Hope this helps,
Julie
Expert:  Clare replied 2 years ago.
Hi
How much does your ex earn?
Clare
Customer: replied 2 years ago.
He's a car Sales Executive - so his basic is £10k pa plus commission... But he's on track to earn £45k this financial year - however there are no savings because it's all been spent on the mortgage, bills and debts during the time when l couldn't work in the last 2 years because of stress (my Doctor medically declared me 'not fit to work')
My real concern is that my husband seems to feel legally entitled to claim 80% of the house sale proceeds (simply because he had lived here the longest) and that he can instruct the conveyancing Solicitors to withhold money from me because of this ongoing Financial Ombudsman complaint that might/might not result in financial compensation?
Our plan was to sell the house first and then get divorced...
Hope this helps?
Julie
Expert:  Clare replied 2 years ago.
Hi
Under property law the division of the proceeds woudl be 50/50 - but the Family Court has the power to ignore that and to share out the assets in any way that they consider fair in all the circumstances.
A ten year relationship certainly merits a 50/50 starting point - but the fact that your ex owned the property to start with could indeed mean that your ex would get a larger share of the equity - but then balanced against that is the fact that you are ill and no longer able to earn as much as you were.
There is certainly a chance that your ex will get a larger share of the equity - maybe a 60% share at most - but it is certainly not guaranteed
In addition the fact is that unless you BOTH agree on how the proceeds should be divided the solicitor will not release funds to EITHER of you
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Many thanks for this Clare, just one last question...

If I do get any compensation from the Financial Ombudsman regarding my complaint before we get divorced, I take it that my husband is entitled to 50% of it?

Many thanks,

Julie

Expert:  Clare replied 2 years ago.
Hi
Not necessarily - again it is up the the Family Court to decide what would be fair
Clare
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