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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife of 9 months has left me. We have no children only

Resolved Question:

Hi. My wife of 9 months has left me. We have no children only her son not mine. The house we lived in for 2 years inclusive of 9 months marriage was owned by myself since 2006 and paid mortgage off In 2010. Does she have any claid to my property I divorce. Sean
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Also she never paid any bills or any rent to me whist there. I paid for everything. She ran her own ebay business from home and her money was hers.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
She moved in Feb 2014
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. She will have matrimonial home rights arising out of the marriage - therefore she will be entitled to occupy the property until a decree absolute has been granted. She is also entitled to make a claim for financial relief arising out of the marriage - the court will consider the full extent of both your financial positions and decide what is fair when either approving an agreement or making a court order. The court will take into account 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). Specifically for your case, given the short marriage, a 50-50 split (which is the starting point for the court) will not be appropriate. 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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