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Ask Clare Your Own Question
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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My wife and I ARE DIVORCING AFTER 32

Customer Question

My wife and I ARE DIVORCING AFTER 32 YEARS MARRIAGE WE BOUGHT THE HOUSE 2AND A HALF YEARS AGO FOR £76000. My wife accidently left her hair straitners on and th house burnt to the ground .Fortunately we we were insured new for old and £20000 contents.the loss adjustors are paying temp accomodation whilst the new Park home is erected and will now be in the value region of £15000. My wife is saying although the house is in joint names I have no claim to half the value when sold. Regards ***** *****

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.
I am a little confused - if there was house why is it being replaced with a park Home?
What reason does your wife give for you no longer being entitled to half of the value?
Clare
Customer: replied 2 years ago.

Hi The house was a Park Home Built 1986 and is being replaced with a 2014 model.

My wife says that the home was bought with her inheritance to which I am not entitiled to half the value re divorce. We were married for 32 years and I was the main breadwinner for 18years til I retired2 years.

Regards

Mike

Customer: replied 2 years ago.

The house was a Park Home built 1986 and is being replaced with a 2014 model. My wife claims although the house is in joint names the money left to her by her mother paid for it. Up until 3 years ago I was the main bread winner until I retired.

Expert:  Clare replied 2 years ago.
Hi
Your wife is mistaken.
Had her inheritance been kept totally separate and never used then you MIGHt not have been entitled to a share.
However since it was used to purchase the matrimonial home it became a joint asset and you are indeed entitled to half of the insurance payout if you are moving on
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for the information. Please could you also advise if I can put a charge on the house so my wife could not sell without my agreement.

The new home will be ready to live in January 2015. My wife tells me I can not live there is this correct?

Regards

Mike XXXXXX

Customer: replied 2 years ago.

I would like to know if I can put a charge on the house so my wife can not sell without my permission as well.

The new house will be ready in January but my wife informs me I will not be allowed to stay there is this correct.

Expert:  Clare replied 2 years ago.
Hi
Since it is a Park Home and not a house no I am afraid not.
You are just as entitled to live there as your wife is
Clare