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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter purchased a house solely in her name with no

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My daughter purchased a house solely in her name with no financial assistance from her fiancé in July 2009. Her future husband moved in, in Nov 2009 and started contributing in Feb 2010, but because of his debts, the money he was contributing was not making any effect until July 2010. he stayed until Sept 2013 and paid into the family pot a total of approx. 40k for 46 months, the equivalent of around £850 a month, despite earning around 55k. they married in Sept 2010 and the marriage lasted just under 3years. bearing in mind the short marriage, his low input and he has left behind a trail of debt, where does my daughter stand with regard the settlement he is now seeking, possibly around 50k.
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 much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do they each have?
Are there any children involved?
Clare
Customer: replied 3 years ago.
The property is worth around £400,000 off which the mortgage is approx £150,000. They have one child who is just 4 years and 3 months. As I have said her husband put very little in to the marriage both in effort and financial means. There are no other assets, but her husband did not contribute into the household finances for the last 9 months of his occupation of the house and he left leaving a credit card bill of £15',000. My daughter earns around £50k supposedly her husband is not earning, but he has formed a limited company which is due to start trading
Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom property in a reasonable area cost to buy?
Clare
Customer: replied 3 years ago.
Good morning Clare,
Thank you for your prompt reply. As my daughter lives in Berkshire just a few miles from Ascot, property prices are quite high. I understand a two bed property would be around £250,000.
I have read just about everything I can via the internet etc? regarding. Non marital property and feel that as the marriage was so short it could be classed as non marital even though they lived in it.
From my little knowledge it seems that lord Nicholls muddied the waters by making contradictory statements about non marital property. On the one hand saying that matrimonial property is defined as the financial product of the parties common endeavour, and then saying that the matrimonial home however acquired should be shared.
Expert:  Clare replied 3 years ago.
Hi
I am sorry but the issue of marital and non marital property is is not enshrined in statute or case law but is rather a developing precedent only relevant t in high money cases where the needs of the parties can be fully met from the available capital.
That is not the case here
HOWEVER the court will take into account the fact that your daughter brought the property to the marriage
and her ex's general lack of contribution
The priority is the housing needs of the child - which could be met if the house were sold - and which would still release some capital to her ex for his housing needs taking into account your daughters mortgage capacity
His current request is for an 80/20 division of the assets in your daughter's favour which is not entirely unreasonable although she may be able to reduce it a little further - a 90/10 split is likely to be the best achievable
How ever disappointing I hope that this is of assistance
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi Clare,
Thank you so much for your prompt and calculated response.
I must admit I was very wary of dealing with this via the internet.
to be fair she is already dealing with a solicitor although I have not been involved personally. I think what you are suggesting sounds about right, from everything else I have read. There is however a glimmer of Hope on the horizon. I have now established from land registry that her husband owns a property in Ireland. This may of course be mortgaged up to the hilt, but I will now forward this on to my daughter. The reason for contacting yourself is because my daughter,s solicitor seems to stem from the half empty glass brigade and is suggesting that she could be liable for 30percent which to me sounded very unfair. You have also answered the question about it being dealt with on an ad hoc basis rather than definitive statute. Thank you so much. Howard Grover
Expert:  Clare replied 3 years ago.
Hi
You are most welcome
70/30 would be a worst case scenario - 90/10 very much an optimistic one.
I have to say that his offer is very well placed - but there is always room for discussion!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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