How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33015
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

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: 5 months ago.
Category: Law
Expert:  Clare replied 5 months 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 5 months 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 5 months 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 5 months ago.

Is your wife remaining in the property with the child?

Customer: replied 5 months 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 5 months ago.

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

Customer: replied 5 months ago.
Aprox value 120k90k left on mortgage
Expert:  Clare replied 5 months ago.

How much are the savings you each have?

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

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice