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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1948
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good morning, my husband left me 7 months ago. We bought a

Resolved Question:

Good morning, my husband left me 7 months ago.
We bought a house 4 years ago and have 2 children.
I am not on the deeds to the house and the mortgage is in him and his fathers name as we struggled to purchase the house alone. I paid legal fees for the move and have paid household bills working full time for 4 years alongside raising our children.
I moved out purchasing a quarter of a housing association house as a single person. My husband is now selling our old house and has said I'm only entitled to a quarter of the equity because his father is on the mortgage.
Before I left the house I had a solicitor put a legal rights to equity thing over the house to protect my equity.
Neither of us have stared divorce proceedings but I would like to as quickly and cheaply as possible.
Please advise if you can. ***@******.***
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. I can help you with information and assistance about the process and what you should be doing. Also, just a bit more information required:-How long have you been married-How old are the children and what are the arrangements for them to see both of you-What is your financial position (income and assets and liabilities)-What is his financial position-How much equity is in the previous home-How much equity is in your current home
Customer: replied 10 months ago.
Thank you for your response
We will have been married 3 years in March
I have a child (age 9) to a previous relationship however she has no contact or relationship with her biological father and sees my husband as her dad, he completely supports her as his daughter and although isn't currently paying maintenance he will be doing soon.
Our child is 4
He has the children at his mother's house (as he is staying there) 2 nights a week
I have them the rest of the timeI work full time and am also a student. I have bought a 25%share of a housing association house at 39,000 and paid a deposit of 11,945 and pay rent on the remaining 75% to the housing association.
I earn 17,800 a year.
My husband is self employed and I do t know his earnings
I valued our house before I left at 125,000 which is what he is putting it on the market at. As far as I'm aware the mortgaged amount is roughly 70,000.
Expert:  Harris replied 10 months ago.
Thanks for the further information. As you are the main carer of the children it would be expected that your needs are greater than his. The division of assets and finances of spouses is not clear cut as he is suggesting. The complication that you have is that his father is a joint owner of the former matrimonial home - is it as joint tenants or tenants in common? If tenants in common do you know if there is unequal share between them or if a deed of trust is in place? The starting point is that your husband's share is the only matrimonial asset in the former matrimonial home, unless you contest his father's interest in the property.You can make an application to court for financial relief. This can be an application in relation to the current savings and husband's possible pension, as well as spousal maintenance. You will both need to provide each other with full and frank financial disclosure, to include at least 12 months bank statements and disclosure of all assets, income and liability. The court's starting point will be a 50-50 split of all assets. Given that it is a you have a child together and you are on a low income, the court may depart from a 50-50 split of the assets. In relation to spousal maintenance, you will both need to disclose your reasonable needs (ie.outgoings) and assessment needs to be made regarding whether there should be any spousal maintenance provision. The court will take into account all the facts of the case and the following criteria when reaching a decision regarding the finances:1. 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;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. 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;7. 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;8. 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. You should also be aware that prior to commencing an application to court, the court will need you to at least attempt to settle the matter without issuing an application. You will therefore need to consider whether mediation is suitable. You can find local mediators here: familymediationcouncil.org.uk. The mediator will assist you both in reaching an amicable agreement and if mediation fails or does not proceed, you can then pursue the matter to court.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
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1948
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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