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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
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 4.5 years, we have no children. if I divorce

Resolved Question:

i have been married 4.5 years, we have no children. if I divorce my husband what would he be entitled to - the house is mortgaged in my name only and my husband has never paid anything towards the mortgage, household bills, insurances or even his part of the council tax.
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, how much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

He moved in with me Aug 09 and we married Aug 10. We moved house in May 11 but all remained in my name with everything paid for by me. The house is probably worth £240k with £77k outstanding. I have an endowment due to mature soon worth £41k. What sort of other assets? I have a military pension of £1100pm and a salary of £1200pm. He is self employed and has only just started contract work for a company which earns him about £1600pm. He has a car which he pays £450pm for. we had a shop which we liquidated Feb last year, before it closed i tried paying for goods as much as i could and now have a pile of defaulted credit cards to the value of about £45k.

Expert:  Clare replied 2 years ago.
Hi
A six year relationship does give your ex a claim on the matrimonial assets even though he has made no capital contribution
Not 50% of the equity in the matrimonial home or anything close - but certainly somewhere between 105 and 20% is possible.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Does it make any difference that he signed an occupancy notice when we moved in 2011 and also that he owes me personally £31k that I have loaned him for personal expenses and failed business ventures? thanks

Expert:  Clare replied 2 years ago.
Hi
I am sorry - but no it does not make a difference, and it is unlikely that you will recover the £31,000 either - although that may reduce the settlement
Clare
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