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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34142
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 have been separated from my husband 11 years,

Customer Question

I have been separated from my husband for nearly 11 years, but we've never gotten divorced. We bought a home together which he has remained in since the separation and the deeds are also in his name only, however the mortgage was paid off using my money which I received in compensation following an accident. Would I be entitled to half the house if we now divorced? Also, what do I need to do to start divorce proceedings?
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?
How much did you pay off the mortgage?
What other assets and income do you now each have?
Where have you lived since the separation?
Clare
Customer: replied 2 years ago.

Hi

The house is worth about £130,000 now and the mortgage was for £17,500 and I paid £14,000 to pay off the remainder of the mortgage.

I am now on Employment and Support Allowance and disability benefits and my ex if self-employed. I don't have any assets and as far as I'm aware the only assets he has are his car and works van.

I have lived in a council flat since the separation. I had to move out as he runs his business from the house and living in the same house was unbearable.

Jackie

Expert:  Clare replied 2 years ago.
Hi
Does he have anyone living with him?
Clare
Customer: replied 2 years ago.

No he lives alone

Expert:  Clare replied 2 years ago.
Hi
You can issue a Petition based on the fact that you have lived apart for more than five years
The details are here
https://www.gov.uk/divorce/file-for-divorce
You are indeed still entitled to at least 50% of the property - and can force a sale if need be.
I hope that this is of assistance - please ask if you need further details
Clare

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