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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If my wife and I divorce is she entitled to half of the house

Customer Question

If my wife and I divorce is she entitled to half of the house even though it is in my name and I am paying for the mortgage and all the living cost, including all the bill?
Extra information
we been married for 3 years
l have one 3 year old child
l bought the house for £115000.00 back in August 2008
re-Mortgage for £75000 fixed rate 5 years which April 2014
The house re-mortgage valuation was done at £92000.00 in March 2014
l have borrowed £15000 from my parents when l bought the house 5 years ago in 2008. but l have no approve of that, they paid me cash.
Any Help on this would be very helpfull?
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 actually lived together and who has the day to day care of the child?
Clare
Customer: replied 2 years ago.

Hi clare

we been living together since April 201.

My wife has day to day care of the child since End of March 2012.

Hope this help

l look forward hearing from you?

Mohammed

Expert:  Clare replied 2 years ago.
Hi
is that 2001 or 2011?
Clare
Customer: replied 2 years ago.

Hi

sorry my mistake it's 2011

Expert:  Clare replied 2 years ago.
Hi
The priority for the family court is the safe and secure housing of the child until the child is 18.
On that basis your wife will be allowed to remain in the property until the child is 18 or she cohabits.
When the house is sold it is likely that she will receive at least 50% of the equity
In addition you will have to pay Child maintenance and possible spouse maintenance
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

what if decided to sell the property due circumstances changed e.g their is chance that l might loose my job and could not afford the mortgage any more and end up selling my property in coming month?

Would would my wife still be entitled to half of the house? even though l have mortgage left of 75000 and l owed my father 15000.

Expert:  Clare replied 2 years ago.
Hi
You cannot sell the property without your wife's agreement.
If the house is sold your wife will get at least 50% of the equity to help her rehouse herself
Clare