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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am thinking of statring divorce proceedings but I want to

Customer Question

I am thinking of statring divorce proceedings but I want to know if the house that was in my husbands name before we married will be included in the assets to be divided.
We have no marital house, we live in a house owned by his parents. We have no debt modest assets only amounting to 60k ish
We have been living together for 10 years, married for 8 and have an 8year old son
thanks
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Is the property still in your husband's name?
Expert:  Clare replied 4 years ago.

Hi Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question Yes this property will form part of the assets when it comes to the settlement

The prioriy will be the safe and secure housing of the child until the child is 18 and your perosnal financial claim on this preowned property coul dbe limited - but it will definitely form part of the assets

Claire

Customer: replied 4 years ago.

So can I claim half of the house? He seems to think I will have to leave with nothing as I brought no money and no property to the relationship. I was only 19 though! how does a 19 year old bring anything to a marriage?

Expert:  Clare replied 4 years ago.
Hi
How much is the property worth and what income do you each have.
How much does a two bedroom property in the same general area cost?
Claire
Customer: replied 4 years ago.

its worth around 130k. I have an income of 6000 PA. He has the rent of £600pcm from the house as well as another 6k from the business we run. Its a limited company though so I don't think I can get hold of that

Expert:  Clare replied 4 years ago.
Hi
How much does a two bedroom property in the same general area cost?
Claire
Customer: replied 4 years ago.

um maybe 100-110k the house is a 2 bed house you see

Expert:  Clare replied 4 years ago.
Hi
Would you be willing to live in his house with your son - and could you confirm how much the savings are?
How much is the business worth?
Claire
Customer: replied 4 years ago.

No I will be moving out, we have never lived in the house in his name, only the one his parents owned. I suspect the business is somewhere in the 30-40k region. I would live in the house but only if it were completely signed over to me, I will go to my mums first.


He has no savings but does have a pension and premium bonds, I have asked how many but he claims not to know

Expert:  Clare replied 4 years ago.
Hi
Ok
Are the savings £60K or £6K?
Claire