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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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 have been married to my husband months, living

Customer Question

I have been married to my husband for 14 months, living together for approximately 8 months before marriage and we have a 7 month old son together. We both have children from previous relationships.We have recently separated and I have moved in to social housing. My husband has owned his house for 14 years, and has approximately 300k equity in the house, but no savings and is a fairly low earner (28k a year).My question is when we get divorced will I be entitled to any of the money held in his house even though we have been married for a short time?If so, would he be forced to sell his property?Also, he is likely to have a very good solicitor, whereas I will not have one, will this affect the proceedings?
Thank you
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 firstHow much does a cheaper two bedroom property in the same general area cost to buyWhat income do you each have?Where were you living prior to moving in?Clare
Customer: replied 1 year ago.
A 2 bedroom flat would cost around 250k, a house 300k.I was living in my elder sons dads property, we remain close friends and I was paying him rent to stay there, then moved in with my husband.I have a small income from an online business of approximately £100 a week, plus tax credits of approximately £180 a week and £30 child benefit.He earns approximately 28k a year
Expert:  Clare replied 1 year ago.
How much is the matrimonial home worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
It's worth approximately 400k and the mortgage outstanding is 125k
Expert:  Clare replied 1 year ago.
How old are your other children?
Customer: replied 1 year ago.
I have a 4 year old son and he has a 7 year old son
Customer: replied 1 year ago.
I should add I am not on the mortgage or deeds
Expert:  Clare replied 1 year ago.
Hi
Does his child live with him?
Clare
Customer: replied 1 year ago.
No he has him 1 night a week
Expert:  Clare replied 1 year ago.
How secure is your current housing position?
Customer: replied 1 year ago.
I have a housing association property which is a 7 year lease, after a years probation tenancy
Expert:  Clare replied 1 year ago.
OkWhat would you need a lump sum settlement for?
Customer: replied 1 year ago.
Financial security
Customer: replied 1 year ago.
As in, I cannot go back to work due to our child being so young, plys he has stated on several occasions he will not provide for our child, and he doesn't provide financially for the 1 he has already
Expert:  Clare replied 1 year ago.
Hi
is he working?
have you applied to the CMS (CSA)
Clare
Customer: replied 1 year ago.
Yes he is working and earns approx 28k
Customer: replied 1 year ago.
I have recently applied
Expert:  Clare replied 1 year ago.
Then he will indeed have to pay maintenance.Are there any immediate capital needs that you have?
Customer: replied 1 year ago.
No none
Expert:  Clare replied 1 year ago.
Yours is a short relationship - but there is a young child involved - however your housing needs and those of the children are adequately metThis means that a 50/50 division of the assets (the matrimonial home) is unlikely.However you are still entitled to a share of the assets - even if that means that the property has to be soldIt is difficult to accurately gauge what your share should be - but somewhere between 20% and 30% is possibleYou shoudl try and discuss this with your ex using Family mediationI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
And the fact I will not have a solicitor should not affect any outcome?Last question...
Expert:  Clare replied 1 year ago.
So long as you do not let yourself be bullied - no!
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare
Expert:  Clare replied 1 year ago.
Hi
You are most welcome -I hope all goes well

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