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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I met my wife 6 years ago, gave up my previous life to follow

Resolved Question:

I met my wife 6 years ago, gave up my previous life to follow her across the country, 100 miles from my son, she was the major breadwinner, i started a small business (sole trader) that paid me a wage. We own a house jointly mortgaged but I had nothing to add except my name and credit to the mortgage application. Paid £320k, now worth £400k,Married 7 months ago, despite Relate and me trying she has now decided she wants me gone. I reluctantly would like to but scared as she thinks she can turf me out, I will have to close my business, relocate, find somewhere to live etc?
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 much is outstanding on the mortgage?
What accommodation did you have prior to the move?
Clare
Customer: replied 2 years ago.

£160 Outstanding.....we lived in her house owned solely by her. Sold for 250k We took out a new mortgage with my name added to increase our mortgage. House is now valued at £80k more than when purchased in 2012 due to work we have carried out.

Expert:  Clare replied 2 years ago.
Hi
Was there any discussion about what shares you would each have?
Clare
Customer: replied 2 years ago.

We agreed that in the case of adultery the house would go to the injured party 100%, in the case of splitting up, we always agreed that I would take 50% of any increase in value over the asking price. In this case i believe £40k

I will add, that I have today sent her a settlement offer that includes 40k for the house, 15k for accommodation for 12 month rental for a 2 bed allowing a room for my 10 yr old son to visit (the current house has a room for my son) which allows me to walk and barely stand on my own feet, and including 5k for contents which I will need to replace, and a compensation payment of 15k based on having to close my business, relocate it, re-start it with no guarantee of success....An offer which if accepted I would agree to a divorce.

Expert:  Clare replied 2 years ago.
HI
How much does your ex earn?
Clare
Customer: replied 2 years ago.

last tax year, 55k

Expert:  Clare replied 2 years ago.
Hi
You cannot be forced to leave the matrimonial home unless and until there is a court order stating you must do so - either as a result of violence or because there has been a financial settlement
A six year relationship certainly gives you a financial claim on the property - and the offer that you have made represents a very rough 30/70 split of the equity.
Given that you also have a potential claim for spouse maintenance this is not wholly unreasonable - although a 25/75 split might be more realistic.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

In your opinion do you think my offer offers a reasonable solution, overall. Given that it is to accept a situation with which I am not happy, and have done nothing wrong, other than being what my wife now decides she doesn't want.

Expert:  Clare replied 2 years ago.
Hi
As I said it is on the higher side of what a court might order - but it is not unreasonable
Clare