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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
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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Will my husband get 50% of the house even i have been paying

Resolved Question:

will my husband get 50% of the house even i have been paying everything as he is disabled and doesnt worl
Submitted: 26 days ago.
Category: Family Law
Customer: replied 26 days ago.
i just want to know will he be able to get 50% of the house even i have been paying everything from the start. basically he is disabled and have never been in work .
Expert:  Clare replied 25 days ago.

Thank you for your question

My name is Clare

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

How long have you lived together and are there any children involved?

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

Customer: replied 25 days ago.
we have been married for 9 years and have a 3 years old son.the house is worth about £300k now i think and still have £80k outstanding
Customer: replied 25 days ago.
to add
more i am 32 and he is 52. As i have my own business, earning money so he doesn’t qualify for income support so i have basically been giving him daily allowance. Do you think he got any chance for the boy cusody, i dont want to loose our son for him, he does loves our son and i know he will be lost without him . But i dont think he will be able to take a good care of the boy like he think
Expert:  Clare replied 24 days ago.

Who deals with the day to day care of the child at the moment?

Customer: replied 23 days ago.
he goes to nursery from mon to fri all day
Expert:  Clare replied 23 days ago.

What about breakfast and bath time and organising clothes etc - and when he is ill?

Customer: replied 23 days ago.
of course i am the one who takes care all off that matters. He couldnt bath him due to his condition .He does help with feeding and
dressing but our son is very hectic boy and wont stay still most if the time and that makes it even harder for him these day. You can imagine how is it possible for an 52 years old man on the wheelchair can take a good care of a toddler.?
Customer: replied 23 days ago.
another issue i have with him is his drinking. He drinks everyday. He does drive and pick the boy up from nursery, if wasnt for that he would drink from morning till late as he does on sundays or on holidays. He even tells everyone he drinks beer instead of water and wont go to bed until completely drunk. My son life will be ruin if he win custody
Expert:  Clare replied 22 days ago.

Ok

How much does a two bedroom property in the same school area cost to buy?

Customer: replied 22 days ago.
we live in a 3 bed bungalow and have added an en suite so the value should be higher than other but like i said its around £300k
Expert:  Clare replied 22 days ago.

I am sorry - that is not what I asked

I need to know how much a two bedroom property in the same school area costs to buy

Customer: replied 22 days ago.
an 2 bed terraced house about £240k
Expert:  Clare replied 22 days ago.

Who paid the deposit and fees when you purchased the property?

Customer: replied 22 days ago.
all me
Expert:  Clare replied 21 days ago.

That is all good - but last point (covering all risks) where was he living prior to moving in with you - and what are his other housing options

Customer: replied 21 days ago.
he used to live in a housing flat
Expert:  Clare replied 21 days ago.

Is he still eligible?

Customer: replied 21 days ago.
what do you mean? if we divorce then he will have to apply for flat i think
Expert:  Clare replied 20 days ago.

The family court has wide powers to redistribute assets in any way they consider proper

Whilst the court will have some concern about the housing needs of your ex the priority will be the safe and secure housing of the child until the child is 18.

On that basis it is unlikely that the Court would order a sale of the property - but that does not mean that your ex will not get something - despite the fact that you brought all the capital to the relationship.

A 70/30 split in your favour is likely - or even 80/20 if you were able to pay him off immediately

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

Customer: replied 20 days ago.
just to verify, he isnt getting the boy custody just 20%to 30% of the property if we divorce .is that right?
Customer: replied 20 days ago.
if he is the one wants to divorce will it make any difference in the split of the property
Expert:  Clare replied 20 days ago.

From what you have said it is not viable for him to be the main carer - and the fact that he instigates the divorce does not change the financial outcome

Clare and other Family Law Specialists are ready to help you