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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33300
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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Iam a seperated parent who lives at home with 1 son,my ex wife

Customer Question

Iam a seperated parent who lives at home with 1 son,my ex wife walked out on us 7 years ago ,i finished paying off my mortage last month {March},we had a joint mortage as i was selfemployed at the time and as my wife worked full time ,it had to be a joint mortage,i had to tay mortage and rates every year myself and my wife never paid a penny,not even when i broke my foot and i had to pay even when i had no wage come,i was lucky i had insurance which paid 85% of it,my question is ,when my wife left me how long is it that she cannot ask for a percentage of the price or sale of my home. thank you
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How much is the house worth?What financial agreement was made at the time of the divorce?
Customer: replied 8 months ago.
Iwas never divorced,i am just seperated,the house is worth £90.000
Customer: replied 8 months ago.
Hello,are you still there?
Customer: replied 8 months ago.
?
Expert:  Clare replied 8 months ago.
My apologies for the delayWhat assets does your ex have now?
Customer: replied 8 months ago.
she does not work
Customer: replied 8 months ago.
Hello,can you please tell me why the long waits for answers.
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 8 months ago.
My apologies for the delay - we are all working lawyers and sometime have to be away from the computerHow old is your son.Who owns the house your ex lives in?Are you willing to have a divorce?
Customer: replied 8 months ago.
my son is 37,the house is joint names me and my x wife,no i dont want to divorce ,just want to know what the stand is as far as my x leaving me 7 years ago how many years after leaving has she nothing to get from the house.
Expert:  Clare replied 8 months ago.
I am afraid that the answer is that even after 50 years your ex would still have a claim on the property.As things stand on the face of it she is entitled to 50% of the equity.However within the financial side of divorce proceedings the Court has the power to re-distribute the equity any way the Judge thinks fit and that is the best chance you have of limiting her claim I am afraidYou can however also claim credit for the Capital you have paid off in the last 7 years.I appreciate that this is not the news you were hoping for - please ask if you need further detailsClare

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