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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 own a property. My husband moved in and we have been married

Resolved Question:

I own a property. My husband moved in and we have been married for 4 years. He hasn't paid anything towards the mortgage since we have been together. Would he be able to get half of the property. What would he be able to get if we split up eg, house, savings, pension. There are no children involved.
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?
How much is the property worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi Claire
We will have been married for 4 years on the 22 July, we lived together fur 9 months before that, I earn 77k and he earns about 25k. For the first 2 years he ran a business from home which didn't generate much income and has only contributed towards did.
The property is worth 290k and 20k is outstanding which I could pay off. Other assets are a car and I have 15k in savings and 60k from money received when my dad passed away 3 years ago. I also run a part time Internet business that generates about 20k a year.
My will leaves everything to him, plus he the main beneficiary on my work pension. Do you think I should make a new will
Thanks
Sharon
Expert:  Clare replied 2 years ago.
Hi
A five year relationship gives your husband a financial claim on the matrimonial home - but not 50% or anything close to that.
Given his lack of capital contribution a settlement in the region of 10% to 20% is likely
However the fact that there is such a large difference in your incomes raises a risk of a short term spouse maintenance order making the 20% more likely if you wish it to be a full and final settlement
This can only be the roughest of guidelines - please ask if you need further details
Clare
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