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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm seeking some advise please. I'm planning to start a

Customer Question

I'm seeking some advise please. I'm planning to start a divorce with my wife. I want to briefly understand my rights to the family house. Short summary: House is registered in my sole name and was purchased via mortgage by me in 2007. My partner at the time and I have sign the agreement back in 2009 agreeing that around 30% of the house will belong to her. We got married in 2013 and I have step daughter 17 years old (her child from previous marriage) and our daughter 9 years old. If I enter into the divorce can I sell the house and split 50/50 or as per our old agreement 70/30? She don't want to sell and wants to stay in the house. We been in relationship since 2005.
Or because there are children my wife have more rights to the house then I? Mortgage and all other bills was always paid by me.
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 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?
-What are the proposed arrangements for the daughter you have together?

-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 12 months ago.
Hi, see the answers to your questions:-How old are you both? I'm 35 she is 43
-How long have you been married? Since May 2013 for over 3.5 years (already stated in my previous email)
-What are the proposed arrangements for the daughter you have together? I'm happy to stay with my daughter however I don't think she will allow that..
-What is the value of the property, and what is the outstanding mortgage? Value £320k mortgage £150k
-Who is now living in the property? We are, me, my wife, my daughter (9) and step daughter (17).
-What other assets and pensions do you both have (both sole and joint), together with values? My sole pension £35k, small ISA accounts for children, no savings really.
-What are your respective incomes? My one is over £65k, her at the moment is £0..
Expert:  Harris replied 12 months ago.

Thanks for confirming and apologies for the delay in responding. Given you have married, the agreement will no longer be fully legally binding as marriage gives rise to a lot of rights and a court can overlook such agreements in light of both your needs at time of divorce and she may be entitled to claim more from the house. She will also have matrimonial home rights to live in the property until at least divorce. Furthermore, given the disparity in income, if she is unable to meet her reasonable needs she can apply for spousal maintenance from you.

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

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.