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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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HelloI am a 45 year old male who has just agreed with her

Resolved Question:

Hello
I am a 45 year old male who has just agreed with her wife that we should agree to separate after being together for 8 years and married for 7 years.
On a background front in the 4 th year I was unfaithful and we continued our marriage after I thought we patched things up and then we moved to Cyprus for 2 years.
We have been back since November of 14 and since our marriage has declined to such a state where no
intimacy was taking place and other areas were failing that a month ago I decided to call it a day and she accepted.
She has blamed what I did 3 years ago for how it is today.
When I moved in with her in the house we currently share she said she brought it for £200000 pounds and put a deposit of £87000 down leaving a mortgage of £113000.
Since then we have managed to get the mortgage down to below £40000.
She was really the sole earner in Cyprus and in between these times I agreed to go part time in some roles and currently full time to suit looking after the dogs she aquired over the years (4 pugs).
She is now saying that I only deserve around £40000 settlement as she has put more in, what is the law on this matter and if I took it to court how would they deem this and how much am I likely to get as the house is now valued at around £275000.
Also, the mortgage is still in her name only and I don't know if that matters?
Also, we have no children together. I hope someone can help, please.
Regards
Wayne
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Continue with search but I am surprised of no reply!
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
What capital did you each bring to the relationship and what income do you each have?
Clare
Customer: replied 2 years ago.
The house she brought for 200000, and I believe she reduced that to 113000 with a deposit she put down on it. Since then we have further reduced it down to around 40000.I have had mixed wages over the years as she asked me to take on work to work around the dogs so as a result I could have been working round 18-36 hours at around 12-13 per hour. Though at the moment I am in a more permanent role contracted to 36 hours per week at 15.00 per hour. To November last year for 2 years and 3 months we were living in Cyprus for my wife's work a secondment. As a nurse I believed I was going to get work but it proved more difficult than anticipated so as a result I could only secure one day a week. Though later on as an agreement with her works I did around 18 hours per week at about 6 euros an hour. Though, again I was there primarily to look after the four dogs, house work etc. It was agreed with her works at the time to look for more reasonable work but it never happened.Initially when I came into the house 8 years and 3 months ago I did bring with me around 10000 pound which was spent quite quickly as my wife is quite lavish with her lifestyle. The money mainly was spent on the wedding.Whilst in the UK my wife earned pretty regular after tax 2700.00 pounds that's also the amount after she paid around 200.00 pound a month on her pension which she continues to do.I have just recently today set up my own bank account and my wages will go in theire now which as I say will equate to around 1900.00 after tax.What I have put into this total I am unsure of as I said been up and down with the purpose to look after the dogs she chose to have which has in a way broken the marriage down.The reason also to see to the dogs as she regularly works away from home.So it is all a little sketchy as you can appreciate but at now she after tax gets 2700 and me 1900 a month both approx but nearest damn.The house she brought for 200000 and placed a deposit which she said was 87000. The mortgage is now around 40000 left and the house is now worth around 275000.Hope that is enough and not to much rabble.Also we have little in savings but she does have around 3000 in an ISA.Thank you for your time
Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper one bedroom property in a reasonable area cost to buy?
Clare
Customer: replied 2 years ago.
Hi
I'm glad you said in a reasonable area as there is a fair few around in less desirable areas to where I am now.
That said it appears to be around 70-80000 pounds.
Thanks
Wayne
Expert:  Clare replied 2 years ago.
Hi
For clarity - there is equity in the property of £230,000 or so - is that correct?
Clare
Customer: replied 2 years ago.
Yes that is correct around £230000.
Thank you
Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity do you have - very roughly (if any)
Clare
Customer: replied 2 years ago.
I'm not really sure of your question!
Though, if it's regarding how much can I borrow in the future I am not sure as I do not have enough funds currently to place even a deposit down!
So if that is the reply you needed at the moment I do not have any capacity as a result of not enough for a deposit and probably not being in my current employment for to long as its only been roughly 4 months which I am sure will go against me somewhat.
Sorry for the vagueness
Many thanks at the same time
Wayne
Expert:  Clare replied 2 years ago.
Hi
My apologies - I should have been clearer - assuming that you had a suitable deposit what is the most that it is likely that you could borrow on a mortgage
Clare
Customer: replied 2 years ago.
Hi
Assuming a 25 year mortgage I could get a mortgage apparently for 120000, but realistically with my age over a 19 year period would be around 90000.
Hope this helps and much appreciated.
Wayne
Expert:  Clare replied 2 years ago.
Hi
An 8 year relationship gives you a solid financial claim on the matrimonial home and other assets - but not necessarily an entitlement to 50% of them.
The fact that your ex brought all the capital to the relationship will be taken into account, as will your housing needs, making a likely division 60/40 in her favour - although 65/35 is also a possibility
Her current offer is way too low - and you should offer to discuss matters further using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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