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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1099
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been speaking to in respect of my children and my ex.

Resolved Question:

Hi. I have been speaking to Caroline in respect of my children and my ex. However while I am on here I was wondering if you could assist me in relation to my property and what I am entitled to from my ex. The home which has a mortgage is in both names but he pays for it through his wages as I only work part time, Does he have to continue paying this while i live there with our children ( one is 13 and the other is 8)? What i am entitled to from him? Any advice gratefully received.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Marcella

I am also able to help yoou in respect of the finances.

Please may I ask:

- are you legally married?

- how much equity is in the property?

- how many bedrooms does the house have?

- are there any other assets including pensions?

- is there a disparity between your respective incomes?

kind regards

Caroline

Customer: replied 1 year ago.
we are legally married for 16 years! There is a lot of equity in the property ( really don't want to say on here as other people read this ) . 3 bedrooms! We both have pensions but my is part time civil service pension and he has big pension. Yes he is on a lot more than me. Im on £13k he is on £30k. Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Dear *****ella Thank you for your response. The equity does make a difference in respect of my response. Woukd you be abke to say - if the house was sold woud there be sufficent to buy another 3 bedroomed property in your area? kind regards Caroline
Customer: replied 1 year ago.
HI Caroline. No if the house was sold i wouldn't be able to buy another property in the same area! The likelihood if the value was split equally between us then neither of could buy another property anywhere for that matter! Thanks Caroline.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Marcella

Thanks for that.

Can you also tell me if divorce is contemplated?

kind regards

Caroine

Customer: replied 1 year ago.
Hi Caroline. No divorce has not been mentioned and if he does i will not agree to it. Many thanks Marcella
Expert:  ukfamilysolicitor replied 1 year ago.

Hello Marcella

Thank you for your response.

Although I know that divorce isnt contemplated - I am going to tell you how the courts look at the division of assets on divorce - as this will give you an idea as to how you stand and how you move forward with the financial matters.

When either person issues for divorce - then either of the parties is able to make a claim in respect of the matrimonial finances.

The matrimonial finances includes all the assets and liabilities for both of you.

The first step is disclosure - that is both of you have to disclose all of your assets and liabilities. Only once this has truly happened can discussions take place in respect of division.

The starting point of division is equality - that being equal. The Matrimonial Causes Act sets out factors that can lead to the depature of equality these include the future care of children, future earning capacity etc.

As you have already told me that some of these apply to you - then you need to be seeking a higher share - somewhere around 10 - 20%

It might well be that your husband wants to keep his pension - which could mean that this could be offset against his interest in the house.

The housing needs of the children will be important to a court - so a court is unlikley to order the house be sold. If your husband is to retain an interest in the hoouse, rather than say offset against his pension - then orders can be made that the house will not be sold so his interest be realised until a certain event occurs - such as you remarrying of the children finishing education.

You also need to be aware that as there is a disparity in your income - then you need to be considering a claim for spousal maintenance.

Whilst all the above can be finalised if divorce happens in the future - as this is not currenty contemplated - then a separation agreement should be considered - still dealing with all disclosure and discussions about division.

Mediation can also help you with this as well as with children matters.

Let me know if I can help you further.

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline. Thanks for all your advice. I think i should see a solicitor in person because there is a lot of financial implications involved here. However thank you again for everything! Kind Regards
Expert:  ukfamilysolicitor replied 1 year ago.

Glad I could help you Marcella x