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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
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 am wanting to get a divorce. We have been married

Customer Question

I am wanting to get a divorce. We have been married for 6 years, seperated since June 2014. I own the house and have always 100% paid for the mortgage and all the household bills and my husband only ever contributed £60 per month. He is now suggesting he is entitled to 50% of the value of the house, where I live with our two children that I 100% financially support. Is he correct?
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 old are the children?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
We have lived together at the property for 4 years and we lived at my former address together for 3 years. The children are 5 years and 3 years old (well they will be in a fortnight!) the house is worth £800,000 and there is no mortgage left.
Expert:  Clare replied 2 years ago.
Hi
Where did the money for the property come from?
How much does a cheaper three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
It was paid for 80% by my parents, money they gave to me and the additional 20% I have paid off personally with no input from him. A 3 bed house would be about £400,000
Expert:  Clare replied 2 years ago.
Hi
A seven year relationship does give your ex a financial claim on the matrimonial home - but not 50% or anything close - but a claim none the less.
Given all the circumstances you describe a 10% claim would be the VERY most he would be entitled to
You should try and negotiate with him using Family Mediation
www.familymediationhelpline.co.uk
This can only be the roughest of guides - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you - I really appreciate your help. I will approach about mediation but he is being very unreasonable at the moment so is difficult to approach him.
Am I entitled to change the locks on the house? I find it a bit worrying to be home alone and he has a key so would like to.
Expert:  Clare replied 2 years ago.
Hi
Technically your ex is entitled to enter the matrimonial home so long as you are still married - however if you lose your keys you will need to replace them
Clare
Customer: replied 2 years ago.

Thanks Clare, is there anything I can do about access? He makes me feel threatened if I am home alone and worried about his behaviour so that is why I was hoping I could perhaps have a rule in place about him accessing the property?

Expert:  Clare replied 2 years ago.
Hi
The only way to achieve that would be to obtain an Occupation Order - and unless he has a habit of calling at the property and threatening you that will not necessarily be easy to achieve
Clare