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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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
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