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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2818
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What are my rights on propert if my husband divorced me I

Resolved Question:

What are my rights on propert if my husband divorced me
I have no children but have never worked..
He wants a mutual agreement doesn't want to give me half but I want half ..
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?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-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.
I am 28 and husband is 31, been married 9 years we live in England, property is valued at 45000 and has 60000 morgadge.
Me my husband and his father live in the property.
The property is in my husbands name
We have no joint accounts but no other assets.
He may have money in his own account like savings of £20000..
I don't work and never have but husband earns £45000..a year
Customer: replied 1 year ago.
Sorry value is wrong it's £450,000
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hello waiting for an answe
Expert:  Harris replied 1 year ago.

Thank you. 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.

Given your long marriage and that you have no income or assets, you would likely be entitled to at least 50% of the assets in order to meet your needs. You would also likely be entitled to spousal maintenance to cover your reasonable income needs.

For your information the criteria considered by the court in these matters 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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Customer: replied 1 year ago.
What happens if my husband doesn't agree to 50 percent what action do I take.
How do contact solicitors if I don't earn
How do I pay fees ?
Customer: replied 1 year ago.
how long would a case like this take if taken to court and when a divorce is filed how long does it take ?