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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My self and wife have been separated since last October we

Resolved Question:

My self and wife have been separated since last October we have a lot of debt. We moved back in to the house which I have a mortage on we're my disabled farther as been living for the past 4 years my wife's name is ***** ***** the mortage and the house is in negative equity. I have offered to pay roughly 10000 pounds of debt in her name has she help me out with money when we first got together roughly 3000 pound. Due to the fact that my father lives in the house and I have offered to pay the debt in her name does she have any claim on the house and can I be forced to sell it
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
after checking the house price there may 5000 to 8000 pound equity in the house but there is a secured loan it still owing roughly 4000
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?
-How long have you been 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?

Customer: replied 1 year ago.
hi harrisi am 40 my wife is 46 been married 4 years we dont have any children we done have any assets my wife has a car worth about 1000 pounds i have a company pensions worth about 2500. my income is 26500 a year my wife is about 10000 as she give her job up to do a degee and took a part time role as a carer
Expert:  Harris replied 1 year ago.

Thanks for confirming. As part of the divorce the court will take into account all assets, but given your short marriage with no children pre-marital assets can possibly be excluded as non-matrimonial and therefore not subject to division between you.

Given that there is very little equity in the home and you require it for your disabled father, you have good argument to attempt to keep it for your benefit but a court will likely agree that she should be compensated for any equity - the payment of £10,000 debts will likely be considered a reasonable settlement so long as they are joint debts.

She can attempt to seek an order to force a sale, but the court will consider the minimal equity as well as your needs when making a decision, and based on the information you provided there is no merit in the home being sold.

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.

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