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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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My wife has left me just after years married which I have

Resolved Question:

My wife has left me just after years married which I have got into depth from banks loans for the wedding honeymoon and her leaving 2 jobs in a year . She owns the house what am my entitled to?
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
I own £30 thousand in bank loans she drives a car I have out on loan I was giving her £100 a week which finished yesterday . She has no morgage on her house which we shared
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long were you married?

- what is the value fo the house?

- are there nay other assets for both of you including pensions?

- any minor children?

- is divorce contemplated?

kind regards

Caroline

Customer: replied 1 month ago.
We are just married one year. The house was bought for £117 thousand there is no morgage on it . There are no children involved. There might be small pensions on both sides. I had stated I do not want a divorce and have offered to work things out by text to her she refused and had said it's over. Regards james
Customer: replied 1 month ago.
It's is my wife who owns the house regards James
Expert:  ukfamilysolicitor replied 1 month ago.

Hello James

Thank you for your response.

I can confirm that either of you issues for divorce then either of you can make a claim in respect of the matrimonial finances.

The matrimonial finances includes the assets and liabilities for both of you so everything has to be disclosed. Normally with a short marriage (considered to be under 5 years) a claim for the matrimonial finances is usually limited i.e your claim against her property but if the debt that you have has been spent on the marriage then a court would see it s fair that this debt is a shared married debt and if this means a share of the property to make things fair then a court can do this.

I suggest that you consider mediation. If divorce proceedings are issued then mediation can try and help you both agree the matrimonial finances and for this to be submiited to coourt by way of consent order for this to become legally binding if approved by a Judge.

If divorce is not yet contemplated then you can still refer to mediation whom can help you try and agree a separation agreement. Separation agreements are not legally binding so if agreement cannot be reached then you are going to have to consider issuing divorce proceedings to get a order in respect of the matrimonial finances as the court can only make such orders when divorce proceedings have been issued.

In the meantime if you are still residing in the property and need to stay there until the matrimonial finances have been resolved then you can protect your right of occupation by lodging a homes right notice on the property register.

This is free to do using this form:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/601612/HR1__2017-04-01_.pdf

kind regards

Caroline

Please kindly remember to star rate my help. Your question remains open when you leave positive feedback and I can then answer your follow up questions for free for you.

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