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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, iv spilt up from my husband, why we was together his mother

Customer Question

Hi, iv spilt up from my husband, why we was together his mother past away and leave him the house, it's still in his mothers name as it's going thought with the solicitors, are up for half of the house and his own money thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
How much are the assets worth?
Clare
Customer: replied 2 years ago.
Hi, Clare,
We have been married 14 years,
We have four children two are my hubby's and two are mine we had both been married before,
The eastate still being sorted out
Had house valued iat 190 thousand
Sue
Expert:  Clare replied 2 years ago.
HI
How old are the children.
How much is the matrimonial home worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi, kids are all grow up, no it's my mother in law house, my ex husband as been leave it to him in her will, but as we are married do have a right it half of it,
Sue
Expert:  Clare replied 2 years ago.
Hi
How long have you lived there?
How much does a cheaper one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Hi, we move in the house in January she past way the end of January, I don't know how much a place would cost, I only want to know can I get half of the house his been leave in her will
Sue
Expert:  Clare replied 2 years ago.
Hi
I am afraid that it is not that straightforward.
Where were you living prior to moving into the current house, and can you give the best guess on the cost of an alternative property
Clare
Customer: replied 2 years ago.
We was living in a rented house, I would say about 90k
Sue
Expert:  Clare replied 2 years ago.
HI
In general terms the courts will try and treat inherited assets differently from other matrimonial assets and will not necessarily share them between spouses.
HOWEVER that is only the case where there are sufficient other assets to make proper provision for the other spouse - in this case you.
Since there are no other assets that can be used to do this it is likely that the family court will at the very least award you sufficient to purchase a new home mortgage free.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
So he ends up with it, and I end up with nothing
Expert:  Clare replied 2 years ago.
Hi
No in fact the opposite is true - you are likely to end up with at least £90.000
Clare
Customer: replied 2 years ago.
Thank yiu, would you think it's best to see a solicitor asp,
Sue
Expert:  Clare replied 2 years ago.
Hi
There is no rush to do so - you could try and negotiate with your ex using Family mediation first
www.familymediationhelpline.co.uk
Clare
Customer: replied 2 years ago.
Hi, he don't want to, his asking it all his as it was his mums housec
Sue
Expert:  Clare replied 2 years ago.
Hi
You will need to have gone to see a Family mediator first in any event - so make an appointment and see.
If not then yes you should see a solicitor
Clare
Customer: replied 2 years ago.
Thank you but from the information iv gave you are I entitled to some thing,
Sue d
Expert:  Clare replied 2 years ago.
Hi
Yes you are - maybe not the full 50% - but certainly enough to purchase a one bedroom property
Clare
Customer: replied 2 years ago.
Thank you, ***** ***** I'm worry about the house is still in his mums nans at min till the deeds have been sorted, sorry to go on
Sue
Expert:  Clare replied 2 years ago.
Hi
That makes no difference to anything
Clare
Customer: replied 2 years ago.
Thank yiu so much, I can at last rest knowing I will not gave up 14years of being married and walking away with nothing to show for it
Sue
Customer: replied 2 years ago.
Hi, told him wot you have told me and he said its all his as it was his mums
Sue
Expert:  Clare replied 2 years ago.
Hi
He can say what he likes - the Court will say something different!
Clare
Customer: replied 2 years ago.
Thank you
Sue
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare