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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband and I have been divorced since October 2014.

Resolved Question:

Hi,
My ex husband and I have been divorced since October 2014. He is living in our jointly owned property. He wishes to completely pay the mortgage off out of an inheritance.
He wants me off the deeds. My question is, if the property is valued at 185,00, we have a £86,000 mortgage, am I entitled to asked for anything moneywise for taking myself off the deeds and losing my investment, and if so how much or % would I ask for?
Many thanks
Lynda Gibson
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months 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?
-How long were you married?
-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?

-Have either of you remarried?

Customer: replied 10 months ago.
HI ,I'm in England.
I am 46, he is 49.
We were married for 7 years,
We have no children.
We hold no other pensions or assets.
I am in receipt of Disability Living Allowance and ESA. this totals £600 per month. I have no other income.
His income is £28,000 pa .
Neither of us have remarried.
Customer: replied 10 months ago.
The property is in England
Expert:  Harris replied 10 months ago.

Was there a court approved financial settlement as part of the divorce, if so what were the terms?

Customer: replied 10 months ago.
No unfortunately the divorce was finalized without an approved financial settlement as I was mentally very well at the time.
Expert:  Harris replied 10 months ago.

What are your current housing needs - do you have suitable accommodation and how is this funded?

Customer: replied 10 months ago.
I am living in private rented accommodation. I live with my partner in suitable accommodation. I pay half of the monthly rent £340.
Expert:  Harris replied 10 months ago.

Thanks for confirming. What were your contributions towards the deposit for the property and outgoings during the marriage?

Customer: replied 10 months ago.
Hi ,I think I have sent you these details on a previous occasion.
The deposit was £5000 and it was gifted to us by parents.
We both worked during the marriage. My ex husband had a large debt which he payed.
Otherwise it was the usual council tax and utilities.
Expert:  Harris replied 10 months ago.

Thanks for confirming. Given the medium length of marriage, no children and his higher salary and earning capacity, it would be reasonable to expect for you to have a slightly higher settlement of all matrimonial assets than the usual 50-50 that the court starts with. However, given that you have stated there are no other assets, and the equity in the property is approximately £99,000 (not taking into account the necessary costs of sale), a 50% split would mean £49,500 - and if he is unable to fund at least this lump sum then the property would have to be sold in order for you to realise your interest in the property.

I hope this assists you. 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 your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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