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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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 have just received a letter from the courts that my Decree Nisi will be heard on the 13t

Resolved Question:

i have just received a letter from the courts that my Decree Nisi will be heard on the 13th April.. Me and my ex partner also have a house together at what time would it be best to settle this? He left the Martial home 1 month after we brought the property which was back in 2012 and i have lived in in at kept the upkeep ever since. should this be split 50/50 or more in my favour?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.
HiMy name is ***** ***** do my best to help you but I need some further informtaion firstHow much is the house worth and how much is outstanding on the mortgage?Are there any children involved?
Customer: replied 11 months ago.
Hey Clare,It was originally purchased for 185k and is now worth about 220-230k... 141k is left on the mortgage. The deposit was 31k. And No Children
Expert:  Clare replied 11 months ago.
How long were you living together in total and where did the deposit come from?
Customer: replied 11 months ago.
We had lived together previous before buying a house. We got Civil partnership in October 2010. 19k came from his nan.. we had an agreement to pay her back via a contract. i paid back my £9,500 when we separated and I put in the Remaining money for the deposit.
Expert:  Clare replied 11 months ago.
How long were you living together at all
Customer: replied 11 months ago.
He lived in the Purchased house for 1 month.. I have had lodgers living with me in the house the past few years to keep it going.. so we lived together for about 2.5 years but that was previous to the Purchased house. I hope that helps.
Expert:  Clare replied 11 months ago.
How much have you spent on the property since your partner left?
Customer: replied 11 months ago.
new fence - £1200
shed roof - £300
general maintenance - £500 (rough figure)
Expert:  Clare replied 11 months ago.
I am afraid that the starting point for division of the property is indeed 50/50 although the family Court does have the power to re-distribute the assets in any way theyconsider fair.It is likely that account will be taken of the amount you have spent on upkeep - and the extra capital you brought to what is a short relationship,however it is unlikely that this will increase your share by more than 5%This is the time to try and negotiate a settlement with your ex - using Family Mediation if necessarywww.familymediationcouncil.org.ukAny agreement can then be turned into a Court Order and sealed by the Court.If no agreement can be reached then you can apply to the court for a Judge to decide the matter.I hope that this is of assistance - please ask if you need further detailsClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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