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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife left me 4 years ago I have paid the mortgage on my

Resolved Question:

my wife left me 4 years ago I have paid the mortgage on my own over this time I have now received a letter for £5250 of dedt if I pay this and then go to sort out for a divorce what can my wife claim from sale of house which will only leave about £10000 after mortgage is paid
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm how long you were married, whether you have any children together - their ages and what the arrangements for them are. Do either of you have any other assets or liabilities at all?
Customer: replied 1 year ago.
married for 12years with 3 children 16 14 &10 one child living with wife 14 year old 2 living with me 17 and 10 year old no other assets or liabiliates
Expert:  Harris replied 1 year ago.
Thank you for confirming. Given the length of marriage and there are children, she has a right to make a claim against the property - despite the low amount of equity in the property. Given the low amount of equity it may be more beneficial to think about making a proposal to compensate her for a share of the property to prevent a sale of it. Further, if the debt you are paying off were for the purposes of supporting the family during the marriage then you have basis to make a claim that she shares this with you. For your information, when either making an order or approving a financial agreement as part of a divorce the court will consider the following criteria: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;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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 (e.g. a right to your husband’s pensions).Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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