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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Married 40 years, transferred house from joint too wife's name,

Customer Question

Married 40 years, transferred house from joint too wife's name, 12 years ago. Due to bankruptcy. Am now told by my wife I have no lien at all on the house. Can you please advise
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question. I am a solicitor and can help you.
Please can I ask - are you divorced? If so did you deal get an order / consent order in relation to the matrimonial finances?
Kind Regards
Caroline
Customer: replied 1 year ago.

No I am not divorced, but it could be imminent

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
You could still have a claim in relation to the matrimonial finances.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your ex need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. Everything is included in disclosure.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval which you should lodge with an application for decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. This normally doesn't cost more than a couple of hours work. The court fee is £50 for submitting a consent order.
You need to have obtained decree nisi in divorce proceedings for the court to either make an order or approve an order - which means divorce proceedings would have to have started.
Kind Regards
Caroline
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Customer: replied 1 year ago.

please advise me do I have any part of value of the house. My house is in my wife's name. But as this happened twelve years ago and we have been married for 40 years and for 28 of those years I paid the mortgage

DO I HAVE ANY LEGAL RIGHT TO HALF THE HOUSE>

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - your marriage was very lengthy and equity dependant you should still be able to get a settlement. It does not matter who pays what when you are married although your wife might argue for a bugger share.
Kind Regards
Caroline