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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would be really grateful if you could help me.i have been

Customer Question

Hi I would be really grateful if you could help me.i have been seperated from my husband for 16 years now but are not divorced and his name is ***** ***** mortgage, after we seperated he had not payed a penny towards the mortgage or upkeep of the house, could you please tell me what he is entitled to?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As a starting point, your husband would be entitled to claim 50% of the matrimonial home. However, this starting point can be departed from depending on your needs, his needs, and the needs of any dependant children. Your contributions, as well as his, during the marriage can also be taken into account when deciding on what is an equitable settlement.
When did your husband move out? Do you have any dependant children living with you?
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
My husband moved out in 2000, I have one dependant living with me but he is not my husbands child
Expert:  Harris replied 1 year ago.
What are your respective income and asset positions? Has he now bought alternative property to live in?
Customer: replied 1 year ago.
He works and rents privately, I am a housewife with no lncome of my own, although my mum has just passed and left me some money
Expert:  Harris replied 1 year ago.
Have you sought his view on pursuing a divorce and financial settlement? How have you been supporting yourself since the separation?
As part of a financial settlement, the court will need to consider both of your financial positions and matrimonial assets and how best to divide them so that it is fair for both of you, and meets both your needs and your child's needs. Your inheritance does not automatically get taken into account in the division of assets, however, if all your needs (as well as his and the child's) cannot be met through the matrimonial assets then your inheritance will be taken into consideration.
Customer: replied 1 year ago.
My partner and I have also made improvements to the house and aswell as paying the mortgage we are also paying for a loan that my husband and I had added on to the mortgage
Customer: replied 1 year ago.
Does that mean he could actually get more than half the house even though he has not lived in it nor paid a penny towards the mortgage or upkeep of the property for 16 years, surely that should be taken into consideration ?
Customer: replied 1 year ago.
And since the separation I was on social security supporting myself and our children until I met my new partner
Expert:  Harris replied 1 year ago.
Thanks for the confirmation - the improvements you have made will be taken into account and the increase in value since the separation would assist you in obtaining a higher share of the property.
Customer: replied 1 year ago.
We paid £70,000 for the house in which my husband only lived and paid for for three years , it is now worth about £300,000/£350,000. Would he only be entitled to the portion of the increase of value in the years that he lived here?
Expert:  Harris replied 1 year ago.
If he had not contributed towards the mortgage during the time he has been out of the property, then yes that should be the starting point of your negotiations with him.
Customer: replied 1 year ago.
Is that how they would see it in a court of law?
Expert:  Harris replied 1 year ago.
The judge would take that into account, but also look at the following criteria when deciding whether any settlement is fair:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Customer: replied 1 year ago.
Hi Harris, thanks for your advice thus far. Do you think £20,000 is a reasonable amount to offer him?
Expert:  Harris replied 1 year ago.
That is difficult to say without knowing how much he initially contributed to the property and how much in value it increased in the three years he lived there.
Customer: replied 1 year ago.
I got the £13,500 for the deposit and I think the mortgage repayments were about £350 a month which he paid for the 3 years he was here
Expert:  Harris replied 1 year ago.
How much was the property worth when you separated?
Customer: replied 1 year ago.
I'm not sure, how would I find out?
Expert:  Harris replied 1 year ago.
You would need to check similar properties sold in the area at the same time as the separation - you can check this on zoopla.com

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