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: 33813
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

Me and my wife are getting a divorce. I own a flat that I bought

Resolved Question:

Me and my wife are getting a divorce. I own a flat that I bought before we met. Is she entitled to any of if in the divorce? Her name has been put on the mortgage and deeds but she doesn't work and so doesn't contribute to the cost of it. It's not our main residence as we rent it out. thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you been married and are there any children involved?
What is the value of each of the assets that are owned either in joint or sole names?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Thanks for getting back to me. We've been married for 4 years and have a 9 month old daughter together.


We have 2 properties, the one we currently live in which we're happy to sell and split 50/50 that is worth around £300k and my old flat that I owned before we met that we currently rent out. It's worth around £225k. They're both in joint names.


 


Dave.

Expert:  Clare replied 3 years ago.
Hi
Are there any mortgages involved?
What income do you each have?
How much does a two bedroom property in the same general area cost?
Clare
Customer: replied 3 years ago.
Hi,
We have 2 mortgages. One on each property. Both around £145k.
She doesn't have any income, never really has during the relationship. I'm on £40k.
The flat is worth around £220k.

As far as assets go, we have around £230k in equity from both properties combined. Of which I've been the one paying for from my salary.
Cheers,
Dave.
Expert:  Clare replied 3 years ago.
Hi Dave
Where will your ex and the child live?
Clare

Customer: replied 3 years ago.
That's a very good question. Not sure yet. She's back with her mother at the moment. I'd like them to live close so I can be around to help but I don't know how she'll afford to.
Dave.
Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
Hi,
Probably around £200k
Dave.
Expert:  Clare replied 3 years ago.
Hi
The fact that you owned the property prior to the marriage would be seen as being a reason for your having a larger share IF there were sufficient funds available to make this realistic
However the priority for the court is the safe and secure housing of the child until the child is 18 - so if she ass for it your ex would receive £200,000 to purchase a new property and you would have to wait until your ex cohabits or your child attains the age of 18 before you receive the balance of your interest in the assets.
In those circumstances I am afraid that a 50/50 division of all the assets is likely to be a good deal
I am sorry - I know that this is disappointing news- but it is realistic and something you need to bear in mind during the negotiations
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

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
< Previous | 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