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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married months My wife has now moved

Customer Question

Hi
I have been married for 16 months
My wife has now moved out of my home
We was together for a total of 2 years and my wife lived in my home for 20 months.
My wife was never on the mortgage and never paid a penny towards the house
Can she now claim any of my house that has £350,000 equity.
Kind regards
***** *****
Submitted: 7 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 7 months ago.
Hello Scott Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - is divorce contemplated?- any children?- are there any other assets for both of you? including pensions? Kind Regards Caroline
Customer: replied 7 months ago.
Hi we have one little boy who is 11 months.
Yes I am looking at getting a divorce
Expert:  ukfamilysolicitor replied 7 months ago.
Hello Scott Thank you for your response. A few more questions: - who is going to be the main carer for your little boy?- are there any other matrimonial assets? does your wife have any assets?- what is the respective earning capacity of you and your wife? Kind Regards Caroline
Expert:  ukfamilysolicitor replied 7 months ago.
ps - the property that your wife has moved into - what is the status of that property? rented, owned, with family? Kind Regards Caroline
Customer: replied 7 months ago.
My wife will remain the carer of our little boyMy wife had no assets at allMy wife earns around 30,000 and I earn 26,000
Expert:  ukfamilysolicitor replied 7 months ago.
ps - the property that your wife has moved into - what is the status of that property? rented, owned, with family? Kind Regards Caroline
Customer: replied 7 months ago.
Owned by myself mortgage of 125,000
But the house is worth 450,000
Customer: replied 7 months ago.
That property is rented
Expert:  ukfamilysolicitor replied 7 months ago.
Hello Thank you for clarifying that for me. Ok - in short if divorce proceedings are commenced at any point in the future - then either of you could make a claim in respect of the matrimonial finances. In respect of the matrimonial finances – there is a set process for dealing with the same. Divorce proceedings and finances proceedings, whilst they do link together at points, are actually in fact separate proceedings. It is possible for either party to make a claim in respect of the matrimonial finances. So be prepared that your wife will make a claim. The matrimonial finances does not just include your house but both have but the assets and liabilities of both of you including pensions, savings etc. Although from what you have said - it appears the main asset is the equity in your property. It does not matter that the property is in your sole name - it still forms part of disclosure. The first step to dealing with the matrimonial finances is full and frank disclosure of all of the assets and liabilities for both of you. This includes everything. It is only when full disclosure has taken place that discussions can start about division. With a long marriage (over 5 years) the normal starting point for the division of matrimonial assets is a 50/50 division of all assets. Whilst your marriage is a short one - be aware that the courts will give priority to the hosing needs of your son. A court would likely make an order in line with securing a 2 bedroom house for your son and your wife for the future. Whilst I know that this isnt what you want to hear - I do have to be honest with you. In your circumstances as your wife has already moved out - you could argue that her housing needs are already being met - which will help you negotiate. Often premarital assets can be set to one side, but this is only the case if there are sufficient other matrimonial assets to meet needs. As you have detailed that your wife has no assets then this is more difficult in your case given that your wife is going to be the main carer of your son. I would suggest that you consider referring your case to family mediation. Family mediation will help both you and your wife through the process of full and frank disclosure as well as discussions about division. That are lots of family mediation services and there will be one local to you. If you just google family mediation in your area and then you can give them a call to get the ball rolling. If your wife engages with mediation and matters can be agreed as to who keeps what - then a consent order can be prepared which can be submitted to the court for approval. Once this has been approved by the court – it becomes legally binding. This is a good approach for you to be able to settle matters and to ensure that a further claim cannot be made in the future. If your wife wont provide full disclosure or engage in mediation then you should make an application to the court so that the court can compel her to engage in disclosure and the court can also make the decision as to what the split should be. Under no circumstances should you agree to distribute any assets until you have an order of the court either by court order or consent. Not to follow this advice could leave you open for a further claim against you. This is particularly important - as say if you didn't follow the process I have detailed for you in respect of getting an order to finalise matters then you wife could make a claim at any point in the future even after you had been divorced for some time. Please do not hesitate to ask if I can clarify anything for you or assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.
Customer: replied 7 months ago.
So she could claim some of my house ?
Expert:  ukfamilysolicitor replied 7 months ago.
Hello Scott yes - I am sorry to say this but she can. as your wife - she can make a claim in respect of the matrimonial finances which will include your house. Best to try and negotiate through mediation and agree a consent order to prevent any future claim. If you dont do this - then she can still make a claim in the future. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.

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