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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1759
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm currently separated from my husband, his choice. We have

Customer Question

Hello.. I'm currently separated from my husband, his choice. We have a 7 year boy who is living with me. Our home is in my name from before I met my husband , it is bought outright. We , me and my husband purchased a house to let. It's in joint names, for the future for our son. My husband has left and living with a friend, he is trying to get the tenants out and live there. What right does he have about house in joint names and my house in my name. Thank you
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How long were you married?-How old are you both?-How much is each property worth and how much mortgage on the buy-to-let remains?-What other assets do you both have, including pensions?
Customer: replied 6 months ago.
9 years married. I'm 41 he is 43. Both houses are paid outright. Mine fully by me . Our rental house 70% input by me. The rest from him. My house is worth £270,000. Rental. £125,000. If have a full British Gas pension which I have paid in to for 25 years. . He has none . Hope this helps is a not good situation.
Expert:  Harris replied 6 months ago.
Thanks for confirming. If the financial matter went to court the starting point would be a 50-50 split of all assets. Given the long marriage, your relatively young ages and one child who is in your care, you would have good argument to attempt to exclude the pension from consideration as a matrimonial asset unless he can demonstrate he has absolutely no way to meet his needs on retirement. In relation to the remaining assets, your needs are greater and the court's priority would be for your son to be housed. It would also be reasonable for a court to agree for the rental property to be transferred to him if it meets his needs.Initially this matter should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is: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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 6 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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