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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1201
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am married but recently seperated. Myself and my husband

Resolved Question:

Hi, I am married but recently seperated. Myself and my husband have a house we live in and a rented out property, but both mortgages are in my husbands name, I have moved out of our family home. Where do I stand with being able to have one of the properties as he is not willing to do this fairly. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about your difficulties.
Please may I ask:
- how long have you been married?
- do you have any children under 18?
- if so, who are they residing with?
- what are the matrimonial assets including pensions? values?
Kind Regards
Caroline
Customer: replied 1 year ago.
6 years married we have 2 children 4 and 7 who live with me. We both have our own businesses and 2 house one which is rented out. Both house are mortgages but roughly the same equity in them. Thanks
Customer: replied 1 year ago.
We have no pensions or savings, and both salarys just cover living expenses.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Please may I ask:
- are your children currently living with you?
- how much are you both receiving as income from your respective businesses?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes children live with me at my business address as I manage a pub, I am self employed and earn around £19k. He earns around £16k
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
From what you have said I do not envisage you having any difficulties with the court awarding you one of the properties.
As you are you are married - if you decide to divorce then you are entitled to make a claim in respect of the matrimonial finances.
There is a set process for dealing with the matrimonial finances and the first stage is whereby full and frank dislcosure is exchanged between you and your husband in respect of all of the matrimonial assets. Everything is included in disclosure including all assets and liabilities - therefore this will include the businesses and properties.
The starting point for the division of assets is 50/50. The Matrimonial causes act sets out factors which could lead to a departure of this rule. Examples are; the earning capacity for both of you for the future, future health needs, who will be caring for the children etc etc
As the children are living with you - you should be arguing for a larger share of the matrimonial assets.
I would recommend that you consider referring the case of the matrimonial fiances to a mediation service. Mediation will help you and your husband go through the process of disclosure and also in relation to discussions about division to see if a settlement can be agreed.
You cannot make an application to the court in respect of the matrimonial finances unless mediation has been attempted first.
If matters can be agreed at mediation then a consent order should be prepared which details what has been agreed and this should be submitted to the court for approval. Once approved by the court this will be legally binding.
If matters cant be agreed at mediation then an application can be made at court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in oyur area and then give them a call to get the ball rolling.
In the meantime - I suggest that you seek to regsiter a Matrimonial Homes Rights Notice in respect of the Matrimonial Home. You will hten be notified if your husband seeks to remortgage the property or sell it. This is free to register but can only be registered in respect of the matrimonial home and not both properties - see this link:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490269/HR1.pdf
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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