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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would like to know my legal position regarding my house in

Resolved Question:

Hi, I would like to know my legal position regarding my house in the event of a marital brake up. I am the sole owner where my wife pays for groceries etc. I pay for all up keep of the house including electric, water phone etc..
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: What details do you require
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:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
We live in England
We've been married for 6 years and living together for 9 years prior
We are both 51
We don't have children together
House - approx £200,000 - Microlight Aeroplane approx £25,000 - both soley in my name
Car - approx £6,000 Soley in her name
We both are paying into pensions - Details I will have to look into
Customer: replied 1 year ago.
Are you able to give me an indication to the likely hood what I may lose with the information I have given
Expert:  Harris replied 1 year ago.

Thank you for confirming.

Given the long marriage (the court will consider the period of cohabitation prior to the marriage given that the actual marriage is only 6 years) and the home being used as the matrimonial home your wife will have a strong claim for financial relief and it is likely that a court will agree that given the small amount of assets, that they will all be considered matrimonial assets.

You will both need to provide each other with full and frank financial, income and pension 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

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