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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 would like advice on divorce and settlements.my wife wants

Resolved Question:

i would like advice on divorce and settlements.my wife wants a divorce and she has 1 child under 18 at home, we have been married 4 years and together for 10. she owns the house and a lot of contents are shared. is it worth pursuing home rights and a claim against this property? i currently cannot afford another home so am of no fixed abode. appreciate any advice.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How much is the house worth and how much is outstanding on the mortgage?What other assets are there and what income do you each have?How old is the child?
Customer: replied 1 year ago.
hi Clare, approx value is 160K, zero mortgage as it is owned outright by my wife. she has savings, a car and a share in another property with her mum, i have zero savings or major assets. my income is approx 18K, she is self employed and is approx 8000. child at home is 15, 1 away from home is 19
Expert:  Clare replied 1 year ago.
Where did the money for the house purchase come from?
Customer: replied 1 year ago.
from my wife and her previous divorce settlement. she has owned it for around 20 years
Customer: replied 1 year ago.
what id really like to know, am i likely to have any claim towards housing myself from any settlement? and if so is it really worth doing or is it likely to be cost prohibitive to pursue it?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Did you have any capital when you met her?
Customer: replied 1 year ago.
sorry ignore the phone request, just hit it by accident!
Customer: replied 1 year ago.
no, i just contributed to the bills and maintenance.
Customer: replied 1 year ago.
i was under the impression it may be classed as a matrimonial asset?
Expert:  Clare replied 1 year ago.
It is indeed a Matrimonial Asset.In fact given the length of the relationship all the assets will come into consideration.However whilst the starting point is 50/50 in terms of division there is no question of your receiving 50% of the equity - or anything closeHowever somewhere between 20% and 30%It is certainly worth registering your Matrimonial Home Rights to preserve your claim whilst negotiations are ongoing using Family mediationPlease ask if you need further details
Customer: replied 1 year ago.
Thankyou Clare, is there always a split or could it ever be found that 100% goes to 1 party? It just seems u fair that her life should carry on the same whilst I don't have a home, savings or good health. I don't want to go down a path where I would receive nothing at all. Thankyou so much for helping. Chris
Expert:  Clare replied 1 year ago.
Unless the marriage was very short indeed there is a split - and in your case I think 30% is very likely
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