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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Is my wife entitled to my share of my mothers house which is

Resolved Question:

is my wife entitled to my share of my mothers house which is in joint ownership with my mother, owned before my marriage?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
when going threw divorce ?
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How long have you lived together and who lives in the property in question?

Customer: replied 1 year ago.
my mother lives there, on her own, we lived there for about 8yrs about 3-4 yrs ago, but she didn't contribute to any bills
Customer: replied 1 year ago.
that is my wife never contributed and we never asked her to
Customer: replied 1 year ago.
hi sorry how long will your answer take?
Expert:  Clare replied 1 year ago.

How long have you and your wife lived together in total?

How much is the house worth and how much is outstanding on the mortgage?

What is the value of all the other assets?

Are there any children involved?

Customer: replied 1 year ago.
15 yrs of marriage
mine and mothers house is worth 650k no mortgage paid up before marriage by my mother and father
Me and my wife own a house worth 550k 40k mortgage
not sure how much my wife has in bank etc, but i have about 10k
no children
Customer: replied 1 year ago.
2 cars worth 10k
Expert:  Clare replied 1 year ago.

What capital (other than your mother's house) did you each bring to the marriage?

Customer: replied 1 year ago.
think thats it
Customer: replied 1 year ago.
thats all
Expert:  Clare replied 1 year ago.

Sorry - what I mean is where did the money for the matrimonial home come from

I will pick this up again in the morning

Customer: replied 1 year ago.
her parents
Customer: replied 1 year ago.
i fixed it up and increased it value plus equity...
Customer: replied 1 year ago.
it was actually inheritance money too from her gran
Customer: replied 1 year ago.
ok thanks
Expert:  Clare replied 1 year ago.

How much was her Inheritance?

Customer: replied 1 year ago.
no idea
Customer: replied 1 year ago.
my wife and her father are very secretive about money,..... its in there nature, .... find it horrible
Customer: replied 1 year ago.
but its like the father has a spell on her
Customer: replied 1 year ago.
it feels insane
Customer: replied 1 year ago.
she let me spend all my money before she spends hers,....
Customer: replied 1 year ago.
our house was in her mother and my wife name, and mother gifted her share to me, it was bought for 210k just before we got married gifted to me in 2010 when valued at 300k
Customer: replied 1 year ago.
I also run my own business, which is not going well at the moment
Customer: replied 1 year ago.
but I'm more of a freelancer with a ltd company
Customer: replied 1 year ago.
i forgot to mention my wife and her mother rented the property to pay for the mortgage which left 40k by time it was gifted to me
Customer: replied 1 year ago.
i spent about 40-50k on it before we moved in
Expert:  Clare replied 1 year ago.

So she owned a property with her mother just as you own one with yours.

Her property became the matrimonial home.

There is equity of £650K in your house and £510K in the matrimonial home.

What income do you each have?

Customer: replied 1 year ago.
she earns about 12k, i only turned over about 14k last year, it was a bad year
Customer: replied 1 year ago.
i usually earn 40-70k
Expert:  Clare replied 1 year ago.

What offers of settlement have there been so far?

Customer: replied 1 year ago.
none
Customer: replied 1 year ago.
is my wife entitled to a share of my mums house?
Expert:  Clare replied 1 year ago.

The fact that the property you shared with your mother was always separate means that the Courts will treat it differently to the house in which you live.

However the fact that you do own that share means that it is likely that your wife will be awarded a larger share of the matrimonial home - so maybe a 60/40 split in her favour - or something similar

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you