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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34036
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Separating from my wife. We have a property that she owned

Customer Question

Separating from my wife.
We have a property that she owned before we got married. We were married for 3 years, we live together for maybe about 5 years.
The mortgage was £500 a month. But she liked to over pay it by £100 to pay it off quicker.
So £600 a month was paid to the mortgage company, i paid £250 and she paid £350.
She said i have no claim to it and I was only ever "renting"
I don't earn as much as her and I initially refused to overpay, and could only afford the £250 and not the £300.
She always considered it her house and not ours.
Can someone please advise on my stake on the property.
The house has about 20K equity.
thank you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Is this the Matrimonial Home?

Are there any children involved?

What other assets are there?

What income do you each have>

Customer: replied 1 year ago.
Hi Claire.Yes this is the matrimonial home.There Is one child 2 years oldWe have equal savings.I earn 35kShe would earn 45k
Customer: replied 1 year ago.
Until recently I only earned 25kAll bills are split down the middle, child care, shopping etc, regardless of me earning less.
Expert:  Clare replied 1 year ago.

Is your wife remaining in the property with the child?

Customer: replied 1 year ago.
Potentially yes.But she has mentioned, letting it. And buying a new property.She will have the child more than me.
Expert:  Clare replied 1 year ago.

My apologies I should have asked earlier - how much is the house worth and how much is outstanding on the mortgage?

Customer: replied 1 year ago.
Aprox value 120k90k left on mortgage
Expert:  Clare replied 1 year ago.

How much are the savings you each have?

Customer: replied 1 year ago.
Iv 5k, she has 10 k
Customer: replied 1 year ago.
Hi did u get my last response?
Expert:  Clare replied 1 year ago.

Your wife is wrong.

You have Matrimonial Home rights regarding the property - and a financial claim on the equity.

In fairness the relatively short length of your relationship and the fact that she already owned the property means that you would not get 50% of the equity - but you certainly have a right to some of it - most probably somewhere between 20% and 30%.

You should try and negotiate this with her using Family Mediation

Please ask if you need further details

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