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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 need advice on my finance order we have a property

Customer Question

I need advice on my finance order we have a property together my wife separated 12 years ago and left the house and moved to a different city I have been living there and paying all the loan she is saying she wants 50% if we go to court would I be able intitle to more please advise
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my bets to help you but I need some further information first

Is it an Endowment or a Repayment mortgage?

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

What other assets and debts are there

Customer: replied 9 months ago.
repayment mortgage house is worth 90000
still owe 10500 but house need a lot of work doing to it we don't have any more assets
Customer: replied 9 months ago.
|repayment mortgage house is worth 90000
10500 still to pay needs work doing to it
we don't have anymore assets
Expert:  Clare replied 9 months ago.

Are you aware that the Court charges more for a phone call?

How much did you borrow originally

Customer: replied 9 months ago.
60000
Customer: replied 9 months ago.
no was not aware
Expert:  Clare replied 9 months ago.

Do you still want a phone call?

Has all the capital been paid off since your ex left?

Customer: replied 9 months ago.
no call
still need to pay 10500
Customer: replied 9 months ago.
payed about 35000 since she left
Expert:  Clare replied 9 months ago.

Although as a joint owner your wife remains entitled to a share of the property and the starting point is indeed 50/50

However within the financial side of the divorce the fact that you have paid off so much of the capital means that you can argue that you should have a much larger share

to reflect that.

A 65/35 split in your favour could be possible - maybe more

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

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