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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1764
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Seperated in the same house..just about to move out i requested

Customer Question

Seperated in the same house..just about to move out i requested we sell the house and divide equity..she has refused given her son is 16 still at school...i am agreeable to her staying until he is 18...she then says she will not sell and that if the house was sold i would be entitled to nothing due to the fact she put 40000 of her inheritance to reduce mortgage costs leaving an 80000 left to pay..on a 12000mortgage. we stayed in that house for aprox 6 yrs paying 450 a month totalling aprx 64800 paid out on mortgage... we decided to part exchange for a new build. In doing so we have lost out on the benefit of selling the house first... rather than part exchanging. Presently we are now in the new build and have been for aprox 2yrs and a valuation has been given which only leaves aprox 35000 equity if house could be sold...the total payment towards this house has been 18.500 mortgage payments..with the two houses 83300 has been paid in mortgage payments... i realise she has put her inheritance money in and contributed to mortgage costs but essentially through our time together i have been the main bread earner given that half of her working time whilst having mortgage payments has been part time...my question
1.After her son is 18 is she obliged to sell even if he still lives there
2. Would i be entitled to some of the equity if it was to sell when he is 18
3 i dont intend to put towards further payments as she will be living with him alone
4. What further rights would i have
3.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.
Hi, thanks for your question.
Just a bit more information required:
1. Please could you confirm if you are married to her.
2. Whose name is ***** ***** registered under?
3. Is the child your son?
Please let me know if you have any further questions regarding this.
Customer: replied 11 months ago.
Yes we are still married
The house is both in oir names
No hes not my son
Thank you
Customer: replied 11 months ago.
A mistake...12000 is 120000 ...thanks
Expert:  Harris replied 11 months ago.
Thanks for confirming. Are you intending to pursue a divorce? As part of the divorce you will need to reach a financial agreement which will consider all your assets and her assets, and both of your needs.
Initially this can be done by agreement between you, or through an independent mediator (you can find local mediators here: http://www.familymediationcouncil.org.uk/) and the agreement will need to be reflected in a consent order to be approved by the court - it will then be legally binding. If no agreement can be reached then you will need to make an application to court under Form A and a £255 court fee once the divorce proceedings are issued.
The order can include a term that the property be sold when the child reaches 18 and for the proceeds to be divided. The court's starting point in the division of assets is for a 50-50 split of all assets and for this to be departed from based on the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions about this.
Customer: replied 11 months ago.
My apologies we have been together 14 yrs and het son is recieving child maintanence of his fathers plus tax credits to compensate het wages
Expert:  Harris replied 11 months ago.
Thanks for confirming, my information is as above, and it may be the case that the child's needs are met through what his father is providing.

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