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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33513
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married just under two years. My husband and I

Customer Question

I have been married just under two years. My husband and I live in a house in my name only which is in my sole name. I put the deposit down, paid the fees etc out of an ill health pension lump sum, my husband did not contribute to the deposit etc but has paid half of the mortgage and bills while we have lived her. I received an injury compensation lump sum and used that money for the deposit on four small investment buy to let properties to subsidise my pension when I retire, I am 43 years old my husband is 54 years old. My husband owns two buy to let houses, one bought before we married and one whilst we have been married. I have two children aged 10 and 12 years from a previous marriage. My husband has a 16year old son who lives with his mother. If we get divorced I have been warned that my husband might be entitled to 50% of the equity of our marital home, despite it being in my name and me having paid all the money to purchase it, as it is our "marital home" and he has contributed to the mortgage and bills. I now am too afraid to divorce him as I cant afford to lose half of the equity which is about £45 - £50k. There have been issues of domestic violence which are all recorded and my husband has been arrested and removed from the house on one occasion. I am effectively on my own with my two children as my husband does not contribute to their upkeep in any way which I wouldn't expect him to. I do receive maintenance from the childrens father. My husband is a self-employed builder and I am on a Police ill health pension of £11,000 per annum as I was retired early from the police force in June 2013 due to a wrist injury. We married on 13th March 2013, I was awarded my ill health pension in June 2013. Would he also be entitled to claim some of my pension? My employment prospects have been affected greatly by my wrist injury as it causes chronic pain and this was the reason I was awarded an ill health pension and an injury compensation lump sum in order to assist me and my children. financially in the future. I would appreciate any advice you could offer me. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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?
What is the equity in all the relevant properties and what income doe your husband have?
Clare
Customer: replied 1 year ago.

Hi Clare

We have lived together since April 2013, just after we married in March 2013 this was in one of my husband's houses.

Equity in Husbands Houses:

1. £60,000 in house at Birmingham Rd, he bought before we were married, we lived in this house as married April 2013 until Nov 2013.

2. Nov 2013 until June 2014 bought and lived in house that was in husbands sole name St Gerards Rd, I had a Deed of Trust on this for £85,000 as it was my ill health pension lump sum money that paid for all of purchase.

3. June 2014 I took on house ie husband sold it to me, I paid for all fees etc so house was then in my sole name as we split up briefly.

This is where we both now live is in my sole name, no new Deed of Trust was set up when I bought it off him.

Husband's houses therefore;

1. birmigham Road - £60k equity

2. Pear Tree Road - £70k equity (bought in Nov 2014)

My houses:

1. Rathlin Croft - £20k equity (bought Oct 2013)

2. St Gerards Road - £100k equity (live her now in my sole name bought off of husband June 2013)

3. Goldcrest Croft - £40k equity (bough Oct 2014 with ill health compensation pay out as deposit)

4. Brickhill Road - £40k equity (bought Jan 2015 with ill health compensation pay out as deposit)

5. Yarnbury Close - £40k equity (bought Feb 2015 with ill health compensation pay out as deposit)

6. Bellamy Close - exchanged to complete March 2015 £60k equity (bought with ill health compensation pay out as deposit)

Therefore my husbands two houses are in his sole name, one we did live in as a married couple for 8 months)

My houses are all in my sole name and St Gerards is the only one of my houses we have lived in whilst married.

All of my and my husbands houses have mortgages. I was able to purchase mine as I had a lump sum for police ill health pension lump sum and a large injury compensation pay out....used for deposits, purchasing fees, re-furbishments etc.

My husband's self-employed earnings last year were about £10,000.

Thank you Melissa Smyth

Expert:  Clare replied 1 year ago.
Hi
Have you now separated?
Clare
Customer: replied 1 year ago.

Hi

No we are still living together.

Thanks

Expert:  Clare replied 1 year ago.
Hi
At present yours is a short relationship and you still have young dependent children.
You have each brought capital to the relationship and it is clear that your finances were always kept separate
On that basis the family court is highly unlikely to award his a 50% share of the matrimonial home - or anything close
Your worst case scenario is that you may have to pay him a lump sum of £10,000 to £20,000 and frankly even that is unlikely.
You should seek assistance as soon as possible as there is no basis on which you should subject your children to the risk of witnessing Domestic Violence
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33513
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi

Thank you for the reply it is most useful. I have one further question, would my husband have any claim in my buy to let properties? I would not ask for any money from any of his houses etc or spousal maintenance but just was worried he might try to say he wants money from some/one of my rented properties?

thanks Melissa

Expert:  Clare replied 1 year ago.
Hi
The suggestion that I made was based on consideration of all your assets held in sole or joint names and the figures I gave amount to the very worst case scenario
Clare
Customer: replied 1 year ago.

Hi Clare do you deal with divorces and where are you based please?

Thanks Melissa

Expert:  Clare replied 1 year ago.
Hi
Sadly we are not allowed face to face contact under the rules of the site
Clare

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