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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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I am looking at getting divorced. My husband owns the house

Customer Question

I am looking at getting divorced. My husband owns the house and is in his name and I have not financially contributed to it but I have in terms of maintaining it ie decorating, furniture, housekeeping etc. After we got married my husband said I had to sell my flat in order to contribute to the house. I sold it then was medically retired from my job. I am now on an injury pension only hence was unable to earn sufficient to contribute. We have no joint bank account. Where do I stand. With thanks
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months 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

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

What capital investment did you make

What income do you each have?

Customer: replied 3 months ago.
Hello Clare,We have lived together 9 years and married 5 this Sept.
Property worth approx £450,000
Mortgage outstanding £100,00
No capital investment made by me
He earns approx £40k
I earn through injury pension £15k
Expert:  Clare replied 3 months ago.

How much did you sell your flat for and what happened to the money?

Customer: replied 3 months ago.
I sold my flat for £140,00 and broke even, I had to take out a £10,000 loan to have damp work fixed before sale, just made final payment on that loan.
Expert:  Clare replied 3 months ago.

How much does a one bedroom property in the same general area cost to buy?

Customer: replied 3 months ago.
About £175,000 easily
Expert:  Clare replied 3 months ago.

Are there and shared home ownership schemes in your area?

Customer: replied 3 months ago.
I believe so.
Expert:  Clare replied 3 months ago.

How much would you need to purchase one of those?

Customer: replied 3 months ago.
163;100, 000 approx
Expert:  Clare replied 3 months ago.

Are there any other assets?

Customer: replied 3 months ago.
No only a car each of similar values under £6,000
Expert:  Clare replied 3 months ago.

Given the length pf your marriage the starting point for division of the equity in the property is 50/50 despite the fact that the house is held in his sole name.

However the fact that he brought all the capital to the marriage could be a reason for him getting a 60/40 share since that would still leave you with enough to purchase a sHared home ownership property.

You also have a potential claim for Spouse Maintenance - which could allow you to claw back some of the extra percentage he might get.

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

Customer: replied 3 months ago.
Thank you Clare and this is valid despite the fact we have no children. Could you also let me know roughly how much a divorce proceeding costs?
Expert:  Clare replied 3 months ago.

Yes it is

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