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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I married in 2012. He moved into my home which I have owned

Resolved Question:

Hi, I married in 2012. He moved into my home which I have owned in my sole name for 13 years. He has not put anything into the property. We are now divorcing, is he entitled to any of my home? Di
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
He also elected not to work for 2 years of the 4 we were married
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-Who is now living in the property?
-Whose name is ***** ***** in now?

Customer: replied 1 year ago.
Hi Harris, England, I am 48, he is 47. We have no children and no pensions. I earn circa 100k a year, he earns 12k a year. We are both still living here and the property has ALWAYS been in my sole name and is still in my sole name. Thank you Di
Expert:  Harris replied 1 year ago.

Thank you for confirming. Arising out of the marriage, both of you are entitled to seek financial relief from the other in the event of a separation. Given your medium length marriage of approximately 4 years, a court will likely agree that there should be some financial provision for him, especially given the disparity in financial position between you.

The court will initially look at both of your reasonable needs and will need to ensure that he is appropriately housed and that he can meet his reasonable needs. If he is unable to meet his reasonable needs then he would be entitled to claim spousal maintenance from you to meet any shortfall.

Furthermore, despite the home being in your sole name and purchased before the marriage, you have used it as the matrimonial home and therefore this has created matrimonial home rights for him - therefore he has a right to occupy the property and make a claim towards it arising out of the marriage.

The Court's starting point is a 50-50 split of all matrimonial assets (which for you would be the home) 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 1 year 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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