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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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If I paid the entire deposit on the house, value over 10% of

Resolved Question:

If I paid the entire deposit on the house, value over 10% of the property, in 2005, and now my husband has left me, citing my unreasonable behaviour and claiming the deposit was his money, what are my rights to claim 10% of the value of the house back now?
Submitted: 9 months ago.
Category: Law
Expert:  Buachaill replied 9 months ago.

1. Can you better explain the situation. In whose name or names is the house? Are you mentioned on the title deeds? Is there a loan or mortgage on the house? Have either of you petitioned for divorce yet? Do you intend to divorce?

Customer: replied 9 months ago.
The house was bought with 50/50 tenancy in common, so half mine and half his, my family said at the time I should do a 'statement of trust' but never did. Yes there is a mortgage which at the time was the remaining just under 90% of the value. the house has doubled in value, but the mortgage has remained at the same discreet value as it is an interest only mortgage. He has already petitioned for divorce, as I said, citing my unreasonable behaviour, this has been granted as Decree Nisi, after I sought legal advice (costing me thousands and not giving me any answer I didn't know already!).He has a bank statement proving that the money was in his account in Feb 2005, and was paid to the conveyancing solicitor, however the funds came from my account in Nov 2004 and he is refusing to supply the corresponding bank statement. Incidentally he has a solicitor, and I don't.I believe that he has been seeking legal advice for more than a year before he actually left the family home (which was April 2015), and so had 'made adjustments' to some other things, like the amount of assets he has, for example he sold a lot of motorbikes and parts and the money from that all disappeared.
Expert:  Buachaill replied 9 months ago.

2. The issue of who owns the house and in what proportions will now be decided by the divorce court as part of the divorce. So you should attempt to get the divorce heard as soon as possible. Be aware that in determining the overall order made in relation to the house, the court will look at all the circumstances of your joint financial affairs arising from the marriage. However, the starting point will be your individual contributions to the house as well as who contributed to the mortgage repayments. So the starting point will be that you own an extra 10%, assuming you contributed equally to the mortgage repayments. Assuming you have no other financial obligations arising from the marriage, this will be how the court will deal with the house in the context of the divorce. However, the ownership of the house is contingent upon the terms of the actual divorce.

Expert:  Buachaill replied 9 months ago.

3. Please Rate the answer as unless you Rate the answer your expert will receive no payment for answering your question.

Customer: replied 9 months ago.
OKAY I think I have to think about it a bit more. As he is the one who petitioned for the divorce he is the one holding the actual divorce proceedings up, as he has said that he will not progress the Decree Absolute until we have come to agreement over the financial situation. We tried mediation and he started saying things like my grandmothers engagement ring (left to me in her will over 25 years ago) were part of the assets which should be considered. The whole process of mediation became so emotionally charged that the mediator told us she couldn't help, because he was not willing to negotiate on anything.Will you be online later, as I need to think and also need to go out for the evening ... I will rate your reply later. Thanks
Expert:  Buachaill replied 9 months ago.

4. If your husband will not mediate, then you will have to go back to court. It is extremely rare that a mediator gives up like this. So, as mediation has failed, you will need to get the court to sort things out. Ultimately, if the parties cannot agree, the court exists to make a decision as to your financial arrangements. Here, the financial arrangements will have to be sorted out before a final decree will be handed down.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10412
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thanks.
Expert:  Clare replied 9 months ago.

Just to add to the above.

How the property will be divided between you will depend on the length of your cohabitation and whether or not there are children.

Which of you paid the money in 2005 is actually of very very little relevance

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