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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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 wonder if you could help me as I am a little

Customer Question

Hello,I wonder if you could help me as I am a little confused by online data.My Situation.Divorce agreed on 29th Jan 2016
My Ex wife has a property in her name which she had before I met her and has rented out for the last 17 years.
Her property is in her name only
This property is now up for sale – she will not be moving into it – she is using a re-mortgage of her parents property to fund this
We were married for 12 years and have 2 children 14 and 11
We are selling the family home – which I am splitting the profits 50/50
I have given my Ex wife the entire house contents from the family home – most of which she has sold
I moved out of the family home on 14th Sept 2016 and have continued to pay all bills for the property.My question is>Can I claim 50% of the proceeds from the sale of her property?Many thanks
Simon Raines
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.
Hi, thank you for your question. As part of the financial settlement you will need to disclose and consider all assets. The court will need to ensure that initially the children's housing needs are met, and then your needs and your wife's needs. Thr court will start with a 50-50 split of all assets, and then depart from equal division based on the following criteria: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.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Clare replied 7 months ago.
My name is ***** ***** I have been a family lawyer for more than 30 years.Whilst the above represents a basic recitation of the Statute law regarding division of assets the fact that this property was preowned and has always been kept separate means that Court will NOT necessarily see it as an asset to be shared between you.There is Case Law on the subjectMuch will depend on the value of the joint assets; the value of this asset and how the rent from the property was usedIf you wish to have some slightly more specific information then by all means let me know the value of the assets - and what the income from the property was used for!
Customer: replied 7 months ago.
Hi Clare,The Property is on the market for £165,000
Outstanding mortgage is £45,000
And the proceeds of any rent over the last 16 years has been used to pay the monthly mortgage and insurances for the property. As well as Rental Agency fees
Any surplus has been used for the up keep of the property when required. (as far as i am aware)
Expert:  Clare replied 7 months ago.
What is the value of the other matrimonial assets and what income do you each have?
Customer: replied 7 months ago.
Current Family home - now under offer for 255,000 which i have agreed 50/50 split
Mortgage on current family home is £191000
Gave entire contents of family home to Ex wife
My earnings are £43500 per annum
Ex wife is £9000 per annum
no other assets.
Expert:  Clare replied 7 months ago.
How will she rehouse herself and the children?
Customer: replied 7 months ago.
She has managed to get her parents to remortgage their home. Plus the 25k she gets from the sale of the family home.
She is also having her new partner move in. I don't know his salary but could guess at 20k
Expert:  Clare replied 7 months ago.
So she is purchasing a different property?
Customer: replied 7 months ago.
Yes a new different property just in her name.
Expert:  Clare replied 7 months ago.
How was the Matrimonial Home financed?
Customer: replied 6 months ago.
Buy mortgage that only myself made payments towards.
My ex made no contributions toward the marital home. Including bills etc.
She also received a monthly £450 from me whilst we were married.
Expert:  Clare replied 6 months ago.
Who provided the deposit?
Customer: replied 6 months ago.
The deposit for the marital home came from equity from the marital home we moved from.
Expert:  Clare replied 6 months ago.
And where did the deposit for that come from
Customer: replied 6 months ago.
Equity from another previous marital home
Our first marital home was a 100% mortgage
Expert:  Clare replied 6 months ago.
It isOK.How are you rehousing yourself?
Customer: replied 6 months ago.
I now live with my girlfriend in her house which she owns. I will contribute to the bills. I am not planning on purchasing a new house at this point.
Expert:  Clare replied 6 months ago.
If you did wish to how much would a suitable two bedroom property cost (relevant to the issue)
Customer: replied 6 months ago.
In this area £200,000
I am interested if my claim for 50% of the sale of my ex wife's property is valid and worth progressing.Thanks.
Expert:  Clare replied 6 months ago.
Given that it was always kept separate it is unlikely that the court would actually give you 50% of the property.However the fact that your ex has this assets available to her WILL Impact on the settlement since her housing needs can be met without her receiving 50% of the equity in the Matrimonial home.This will mean that YOUR housing needs for a home adequate for Contact will be of importanceHowever since you are not intending to buy a property then again it is more likely that the Court will simply leave it at a 50/5- split of the Matrimonial Home with no Pension sharing or spouse maintenanceYou can read more herehttp://www.paradigmfamilylaw.co.uk/matrimonial-assets-one-pot/Please ask if you need further details

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