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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I have been separated since 2007. We had a

Resolved Question:

My husband and I have been separated since 2007.
We had a joint mortgage (taken out in 1992 with a remortgage in 2002), but he didn't pay anything towards it each month; I paid it all. He did not pay any household bills or any part of the children's education, clothing, food etc. In summary, he only used his money drinking and gambling.
In January 2013 my mother died and with my inheritance money I paid off the remaining £95,000 on my mortgage towards the end of 2013.
My question is, if I divorce him, would he be entitled to anything in view of the foregoing?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the property worth?
What other assets and income do you each have
Clare
Customer: replied 2 years ago.

Clare,

The house is worth approximately £480,000.

I have a business and a caravan (but I'm trying to sell the caravan).

We have a joint timeshare.

My husband has no other assets, is unemployed and on JSA allowance.

Sara

Expert:  Clare replied 2 years ago.

When you separated was there any financial agreement made at all?
If so was it made in writing?
Clare
Customer: replied 2 years ago.

No - no arrangement at all. My husband was beyond communicating with through drinking.

Sara

Expert:  Clare replied 2 years ago.

I am sorry the news is not good
i am afraid that the simple fact is that your ex does have a financial claim on the former matrimonial home
The starting point is 50/50 BUT the family court has power to depart from that and in your case they will no doubt do so
However realistically he is going to get something - with a 90/10 split in your favour most likely.
Again I am sorry that this is not what you hoped for - but it is important that you understand your legal position
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare.

I'll just have to go ahead and see what happens!

All best,

Sara

Expert:  Clare replied 2 years ago.
Sara
Yes that is the best way - the situation will not improve if you wait!
I hope all goes well
Clare
Customer: replied 2 years ago.
I know!
Thank you Clare...
Expert:  Clare replied 2 years ago.

I am sorry - I cannot close the question until you rate it - my apologies system which is far from my control!
Clare
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