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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Divorce finance settlement

Resolved Question:

Divorce finance settlement
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
My husband has 2 properties in his name in scotland from pre marriage. they are mortgaged. After marriage we bought a house in my name he contributed £6000 toward deposit. He is now claiming the deposit money. Since 2010 we have been living together and I have paid for the mortgage/ council tax ever since. He has not contributed to any of the mortgage amount. Is he entitled to his deposit and am I entitled to his assets? We got married in Scotland but getting a divorce in England.
Many thanks. *****
Customer: replied 9 months ago.
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Expert:  Harris replied 9 months 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 is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What aee the values of all other assets and pensions you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 9 months ago.
we are both 37 years old
-We have been married for 5 years
-we have 2 boys age 3 years old and 18 month old. they stay mainly with me and 2-3 nights with their dad.
- The family house that I am living in currently is in Leeds, its in my name. The value is £250,000 outstanding mortgage is £140,000 plus £48,000 that we owe the government for help to buy scheme. The equity is £40,0000.
-My husbands house are in scotland. He bought them pre-marrige and his name is ***** ***** them. They value £180,000 and
£ 160,0000 I dont know the equity in them.
- I am Nhs emplyee and my ex-husband has private pension ( which is not much) And I am not aware of the value of those. --There is no other assets as far as I am aware. We both have loans and credit cards to pay. there is no joint accounts.
-My income is: £2300 per month and his is £1800
Expert:  Harris replied 9 months ago.

Thanks for confirming. As you are married it is not as straightforward as him being compensated for his deposit and as you are going through a divorce, financially matters are complicated to settle and there needs to be distinction as to what is matrimonial and non-matrimonial assets. You are both entitled to seek financial relief from each other and in relation to assets this is regarding matrimonial asset. Given the medium length of the marriage and two children it may be difficult for him to attempt to restrict pre-marital assets especially if you cannot meet the children's needs. You would also legally be able to apply for child maintenance, which would be about £47 per week for both children based on his gross salary of £1800pm and the time they stay overnight with him.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. 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. 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.

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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