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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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We have been married , our both names are on

Customer Question

Hi We have been married for 15years, our both names are ***** ***** mortgage. I've put down a large deposit on our house and I've always paid the mortgage and the utility bills. While she paid for the food and Sky TV
Now that she have just left me, she wants me to sell the house, so she can half. Is she entitled to half of the equity?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am sorry to hear about the difficulties that you are having with you wife. It is correct that your wife will be able to make a claim in relation the matrimonial finances.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your ex need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval which you should lodge with an application for decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. This normally doesn't cost more than a couple of hours work. The court fee is £50 for submitting a consent order.
You need to have obtained decree nisi in divorce proceedings for the court to either make an order or approve an order - which means divorce proceedings would have to have started.
Kind Regards
Caroline
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Customer: replied 1 year ago.
its not that I want too deprive her of anything. I feel it would be fair that my deposit for the house would be taken out first, which was the sale of my previous house, which she had nothing to do with and the £5000 which I lent her to help her set up her next home . (No questions ask) Then the equity be split down the middle.
I consider this to be fair, yet at the moment she is in the middle of taking everything she has bought recently, TV, washing machine, tumble dryer, beds etc.
We have been married 15yrs, and my things have long gone.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
15 years is seen as quite a lengthy marriage and so the starting point really is 50/50.
You could try and negotiate in mediation that you keep your deposit - if shes agreed - then you could submit a consent order to the court on that basis for approval.
If she doesn't agree then a court would have to decide and given the length of your marriage then it is very likely to start at 50/50 for everything.
You need to itemise the things your wife has taken and their value.
Kind Regards
Caroline
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Customer: replied 1 year ago.
thank you for the information it have been most helpful, not quite want I was hoping for. I was hoping for it to be straight forward .
But thank you again, if ever I have any other legal issues in the future, I will turn to you. I hope I never will.
With regards
Dave
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you Dave
Thank you for your kind words
I wish you all the best for the future
Kind Regards
Caroline

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