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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been married years my marriage is over. I live in s

Resolved Question:

I have been married for 5 years my marriage is over. I live in his house owned by him outright. I have worked part time though out our marriage. Plus looked after him during his many illnesses. Would I be entitled to any money from the house if I leave? He is retired and 24 years older than me.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-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?
-What is the value of the property, and what is the outstanding mortgage?

Customer: replied 1 year ago.
I am 54 my husband is 78
No children together
He has a police pension think he gets about £2000 a month from.
I earn about £10000 per year n pay into a NHS pension
Property is mortgage free and worth about £350000
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as you are married to him you have matrimonial home rights which entitle you to occupy the property until divorce and for the property to be considered as part of any financial negotiations. You can register this interest on the title of the property using for HR1 with the land registry - be aware that he will be notified of this registration if you pursue it.

As part of the divorce you will need to reach a financial settlement, initially this 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 once the divorce petition has been issued.

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. Given the relatively short marriage and no children, it is likely that the court will only consider the home as a matrimonial asset. Also, if you are unable to meet your reasonable needs from your income you can apply for spousal maintenance from him to meet any shortfall for your reasonable needs. 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

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