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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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my wife wants to seprate, i have moved out and live with my

Customer Question

my wife wants to seprate, i have moved out and live with my parents, we have 2 young girls but while i'm at my parents i cant look after them properly as i dont have the room to have them stay over night. We have 2 properties as a married couple, a flat which we rent out and the marrital home which i pay the mortgage on where my wife is living. I've suggested that we sell our assets and go 50/50 minus any costs of selling but my wife is asking for all her origional investment back from 10 years ago that she put into the flat plus 50% of any equity on both properties, is she able to ask for this investment back if there was no prenuptual agreement put in place?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How long did you live together and how old are the children
what is the value of the properties and how much is outstanding on the mortgages?
What other assets are there and what income do you each have?
How much capital did you each bring to the property?
Clare
Customer: replied 2 years ago.

Hi Clare.

We've lived together for 10 years and been married for 8, our children are 5 and 3. I lived in the flat origionally and it was a shared ownership scheme with housing assosiation and my wife owned an ex council house in birmingham which we part exchanged with the builder against our marrital home, with left over money from the exchange we invested 20000 into the flat and brought the other 50% which we've rented out for last 10 years as a family investment, both properties are in both our names. Think we owe 108000 on the flat but not sure about the house, we paid 180000 for it minus whatever i've paid on the mortgage over past 10 years. No other assets, my wife has no income currently but looking for work since we separted and i earn 25000 pa.

Expert:  Clare replied 2 years ago.
Hi
What are the current values of the properties and how much is outstanding on the mortgage on the marital home?
Clare
Customer: replied 2 years ago.

I would estimate that the flat is worth 115000 and the house would be around 180000 but without having them valued i wouldn't be able to give exact values. also without being able to get at mortgage statements i dont know outstanding on marital home but flat is 108000.

Expert:  Clare replied 2 years ago.
Hi
The figures are important - so best guess on the mortgage outstanding - it is as a guide only
Clare
Customer: replied 2 years ago.

Hi Clare - sorry Andy has gone out to collect his children from school. He will be back soon.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare

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