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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1188
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Is the matrimonial home when sold always divided equally in

Resolved Question:

Is the matrimonial home when sold always divided equally in two? When the home was bought 10 years ago I paid 2/3rds and my husband paid 1/3.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how long have you been married?- what are the other matrimonial assets including pensions?- any minor children?- is divorce contemplated? Kind regards Caroline
Customer: replied 1 year ago.
Married 10 yrs both over 70 both have reasonable pensions I have assets after my mother died my husband has assets too and we are divorcing after he assaulted me. No children .
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I am sorry to hear that he assaulted you. Please may I ask - was he charged with assault? Kind Regards Caroline
Customer: replied 1 year ago.
Yes he was.
Expert:  ukfamilysolicitor replied 1 year ago.
when was this?
Customer: replied 1 year ago.
October 12 2015
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Please accept my sincere apologies for my delay in responding to you. I had a court appointment this afternoon that ran on somewhat. I am really sorry to hear what happened with your husband assaulting you. The reason that I asked fir further information about whether or not he was charged and when this was - was because Legal Aid is still available for victims of domestic violence. The Assault charge will count as the evidence that you need and I do advise you contact a family solicitor who lives close to you so that they can assess your eligibility for legal aid. This will depend on your income and your capital (ie equity in your house and savings). If your income is less than £733 after the deductions that the Legal Aid allow (paying mortgage), and your capital is less than £200k (They disregard the first £100k capital in your property and they also allow a further £100k which can include further capital in your house along with any savings etc) then it is worth asking for a legal help assessment with a solicitor so that they can check the position for you in respect of assisting you in respect of the matrimonial finances and divorce. Whilst legal aid isn't free, as they may ask for an ongoing contribution if your income is on the higher scale, and they will recoup their costs from any assets that you obtain at the end of a case - Legal aid is significantly cheaper than paying a solicitor privately (this is often only about 25% of the rate that solicitors normally charge) for the same work. To answer your original question in respect of the matrimonial home and division - the starting point with a long marriage (over 5 years) is a 50/50 split - but this doesn't include just the matrimonial home but all the matrimonial assets including pensions, savings etc. The 50/50 starting point can be departed form - and the factors set out in the Matrimonial Causes Act which can lead to a departure are; the health needs of your both, earning capacity etc. Whilst I appreciate that you have contributed more to the property - this is an argument that you can advance but it isn't always a great factor when the marriage is a long one - but it is still worth trying. It is my advise to you that you do not agree a division in respect of the property until you and your husband have exchanged full and frank disclosure in respect of all of both of your assets. Discussions in respect of division and who should get what cannot really be started until this process has taken place. It may be that once disclosure has taken place you find out that your husbands pension is significantly higher than yours - this then gives you the ability to argue that if he wants to retain this then your share in the property should be higher to reflect this. Do not divide any sale proceeds until the correct process of disclosure has taken place otherwise you could be short changing yourself. I also recommend that you consider referring your case to Family Mediation. There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling. Mediation will be able to help you both through the process of disclosure and discussions about division. If agreement can be reached at mediation then a consent order can be submitted to the court for its approval when obtaining decree absolute. The court fee for this is only £50. It is best not to divide any assets until the court has approved such an order. If assets are divided before hand - then it is still possible for the other party to seek more. When a court approves a consent order it becomes legally binging - which prevents future claims being made. If matters cant be agreed at mediation then you should issue an application at court so the court can decide what the division should be. I also think that you should given consideration to making a will. Please do not hesitate to ask if I can assist you further or if I can clarify anything for you. Kind Regards ***** ***** you have found this service useful - please kindly remember to star rate my service so that we receive credit for helping you today
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