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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need to know what I would be entitled

Resolved Question:

Hi, my name is Nicki. I need to know what I would be entitled to should my husband and I divorce. We have a detached 4 bedroomed house. I have not paid into the house for a long time as we have three boys now 18,19, and 21. My husband has a property in Spain. I have not paid anything towards this. I need to know roughly what I would receive from the house sale and am I entitled to anything from the Spain property? I think he is seeing one of my friends. I also think he took out some mortgage against the house to obtain the property in Spain. Are you able to help? Thank you for your help in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As part of the divorce you both need to reach a financial settlement, and in doing so you need to both provide each other with full and frank financial disclosure regarding your respective assets and financial positions. Once you have reached an agreement, you need to submit this to the court for approval, together with a form D81 outlining your financial positions and it is for the court to decide if it is a fair settlement for both of you.
The starting point for a financial settlement is a 50-50 split of all matrimonial assets, which will include his property in Spain.
Is the family home in joint names, or only his sole name? Is there a mortgage on the property and what is the value of the home?
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