How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My wife and I are on the verge of a separation. We have a 14

Customer Question

My wife and I are on the verge of a separation. We have a 14 year old daughter. This trauma has been caused by her ongoing affair with another man.
My question concerns our property. We have a £250,000 house with no mortgage which I bought and subsequently put in joint names!!
In the event of a split what is the situation with the "division" of the house.? Must the house go with whoever has charge of the child? Can any party INSIST that the house is sold then funds divided?
Thank you
Cliff Matthews
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

How long have you been married?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall do my best to assist you but I need some further information first.
Hw much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have.
How much does a two bedroom property in the same general area cost - and how is your daughter likely to wish to share her time between you?
Claire
Customer: replied 3 years ago.


Thank you. We have been married for about 10 years.


Our house is worth about £250,000 . There no outstanging mortgage.


I am on a pension. Teachers...about£1300 per year and my wife is earning about £12,000 a year. A two bed property in this area would cost about £150,000. We have no oustanding debts. My daughter would I'm sure prefer to stay in this house. I would guess with her mother.


Thank you. I hope this provides the information you require to progess this request for assistance.


Cliff Matthews

Expert:  Clare replied 3 years ago.
Hi
Where did the funds for the purchase come from?
Claire
Customer: replied 3 years ago.


From my own personal account after selling a previous house.


My wife did not contribute to the actual purchase of this house but as I said it is now in joint names....


Thanks Claire

Expert:  Clare replied 3 years ago.
Hi
I understand that - but did the original capital come form inherited monies, a compensation claim or anything similar?
How long have you actually lived together?
Claire
Customer: replied 3 years ago.


Most of the capital came from the sale of a previous property owned by me plus my own money in bank . No compensation claim or anything of that nature.


We have actually lived together for about 15 years.


Hope this is the information you require.


Thank you


Cliff

Expert:  Clare replied 3 years ago.

Hi The length of the relationship and the fact that you have a child together makes a 50/50 division of the capital almost inevitable. Your ex could in fact argue for a larger share - maybe 60% of the equity but the fact that the capital in the marriage came from you and that 50% coupled with a small mortgage would allow her to rehouse herself and your daughter should be sufficient to protect you from the larger claim If you and your ex cannot reach agreement on how the financial issues are dealt with - using Family mediation if need be (www.familymediationhelpline.co.uk)- then it is for the court to decide and a sale in these circumstances is likely. I hope that this is of assistance - please let me know if you need further clarification Claire

Customer: replied 3 years ago.

Hi Claire


Thanks for your reply and helpful advice. You indicate that probably there would be a 50% split in the sale of the house. However I did ask one very important question and that is ....could either party INSIST on the sale of the houase and division of funds. Basically I would need some of this to be able to buy another house ...as I am a pensioner I would hardly get a mortgage.

Expert:  Clare replied 3 years ago.
Hi
My apologies for not being clear.
If you and your ex cannot agree on what should happen then it is for the court to decide the issue.
In this case since a sale would give your ex sufficient to rehouse herself and the child yes I think it is likely that the court would order a sale
Claire
Customer: replied 3 years ago.


Thanks...am clearer now.


Cliff

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope you are able to resolve matters
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions