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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is divorcing me and wants half the value of the house.

Customer Question

My wife is divorcing me and wants half the value of the house. I bought the house 24 years ago and it was in my name and my elder brother. 3 years ago my brother died and I put the house into my sole name and recordeD this with The Land Registry. I am paying all the bills.

Is the wife still entitled to half the house?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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 and your wife lived together and are there any children involved?
How much is the house worth?
Clare
Customer: replied 2 years ago.

Hi,


The wife and I have lived together for about 16 years and have a child of 14 years of age. The house is worth approx £200,000. Also, the wife has land worth approx £60,000 in her sole name in another non EU country.
My son wishes to stay with me in the house but the wife believes that she is entitled to half the house, will move out, and keep her far off land to herself.


 


My wife intends to take this matter to a family court, probably with legal aid provided..Presumably the wife and I each provide a statement and the judge decides on placement of the child and division of property etc.

Expert:  Clare replied 2 years ago.
Hi
How much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.


Hi ,


We have a small 3 bedroom house and a 2 bedroom may be £50,000 less.


Are you now in a position to give me your expert opinion on this matter?


thankyou in anticipation

Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity do you each have?
Clare
Customer: replied 2 years ago.

I live in England and the mortgage is fully paid up, under the life assurance policy, as my brother, the co owner, died, with 4 years of the mortgage to run.

Expert:  Clare replied 2 years ago.
Hi
How much could each of you raise on a mortgage if you needed to?
Clare
Customer: replied 2 years ago.

hello


you are asking too many questions now. Can you please give me a simplified answer to my initial enquiry


thank you

Expert:  Clare replied 2 years ago.
Hi
The problem is that the issue of your mortgage capability is at the heart of the question
The length of the marriage means that the starting point for the division of all the assets - hers and yours is 50/50
The way that you acquired the property will not be relevant
What is relevant is the housing needs of your son.
Given his age it is for your son to decide who he lives with - and you will need enough funds to purchase an alternative property - hence the mortgage capacity being crucial
However if you can show that she, with a mortgage could also afford a two bedroom property with less than 50% of the total assets then the fact that the property was partly inherited from your brother will help to reduce her claim
On the plus side there is no longer any legal aid for such claims
I hope that this is of assistance - please ask if you need further details and I am sorry for all the questions!
Clare
Customer: replied 2 years ago.


Thank you for your help in .this matter and the useful info you gave me. To improve things may i suggest that rather than asking one question at a time put them all together.

Expert:  Clare replied 2 years ago.
Hi
Thank you for the input - it is always helpful!
Clare

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