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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34141
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 am living in a home with my husband that he inherited,

Customer Question

Hi I am living in a home with my husband that he inherited, W have been married 5 years and I have 2 children from a previous marriage I have no savings or assets at present if I divirced would I be entitled to a share of the property in order to buy a home for me and my children
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 long have you actually lived together and how old are the children?How much is the house worth and what other assets are there?
Customer: replied 1 year ago.
Hi married 5 years together 6 house is prob 1/2 million with land it is an old farm house with 30 acres.
Children are 9 and 11. I have no assets husband has £80 thousand savings
Expert:  Clare replied 1 year ago.
Where were you living prior to moving in with your current husband?How much does a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
We have been living together about
Customer: replied 1 year ago.
Hi no living together 5 years around 170-200 hundred tho?
Expert:  Clare replied 1 year ago.
What was your housing position BEFORE you moved in with your current husband
Customer: replied 1 year ago.
I had my own home which I sold with a little bit of profit which I used to pay off debts move to new home furniture etc and an outside office. I do not have any savings left
Expert:  Clare replied 1 year ago.
What income do you each have?
Customer: replied 1 year ago.
Husband 40 thousand me part time 26
Expert:  Clare replied 1 year ago.
Are your children both boys or girls or one of each?
Customer: replied 1 year ago.
Boy and girl
Expert:  Clare replied 1 year ago.
What mortgage capacity do you have - and are there any shared ownership schemes in the area?
Customer: replied 1 year ago.
No shared ownership as far as I know not sure re mortgage capacity I do not have any debts
Expert:  Clare replied 1 year ago.
Just to check - how much would a cheaper two bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
Not sure 149 159 but boy and girl cannot share
Expert:  Clare replied 1 year ago.
No I understand that A six year relationship does give you a financial claim on the matrimonial home - but not 50% or anything close.The fact that the children are not also his children means that their housing needs are not a priority.However the fact that they are his step children does mean that the housing needs of the children are at least RELEVANT.Realistically a 70/30 split in your ex's favour woudl reflect the length of the relationship and his inheritance.If you can get a mortgage to cover the difference then fair enough - if not then you may need more capital BUT that extra capital will be repayable when the youngest child is 18 or you cohabit.This can of course only be a guide.You will need to try and discuss matters with your husband using Family MediationI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks so this would mean I could have 30% of the property and take a mortgage out for any extra I needed is that correct ?
I didn't understand what you meant by more capital and paying it back when child is 18? Thank you
Expert:  Clare replied 1 year ago.
Yes I would say that you may be able to obtain 30% of all the capital (including the savings)If you cannot raise a mortgage to get the size of house that you need then your ex might have to give you the extra capital - but that extra capitalwill need to be paid back when your youngest is 18

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