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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have recently split with my wife and left her in our

Resolved Question:

I have recently split with my wife and left her in our family home that I paid a £50k deposit on but the mortgage is not in my name, but her fathers as was brought together as an investment but I provided the full deposit
It was agreed she could have this and I would have our other house which has at lost less equity. The other mortgage on the house I live in is solely in my name but I have since found out my wife is registering her name on the property so she is entitled to a portion of this as well.
Can I protect my property or claim my share of the £50K deposit back from the other property ?
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of each property, and outstanding mortgage?

-Is your name on the title of the former matrimonial home?

Customer: replied 11 months ago.
I am 40 , My wife is 39
Been married 12 years
1 child - 8 years old
I have a private pension she has no pension
my income is £33K hers is £0 (although suspect she is now claiming benefits)
The property I now live in in Minehead is valued at £180k mortgage of £154k
The property she lives in in Taunton value iw ould guess is £240k, Mortgage of £180k
We have a property in Cyprus we own outright estimate value.My name is ***** ***** the house in Taunton as bot the properties brought in the UK were investments and one was in my name and the other in her fathers name but we ran them as a business so effectively took 50% of any renatl propfits and was to regain our deposits on the respected propertys when soldMy deposit on the Taunton property was £50k Father in law £0
My deposit on Minehead £12.5k Father in Law Deposit £12.5kI said she can keep the property in Taunto and will have the one in Minehead but now believe she is trying to register her name on the property in Minehead also.regards
Russ
Customer: replied 11 months ago.
sorry Cyprus property value is £25 - £30 K
Expert:  Harris replied 11 months ago.

What will the arrangements be for your child, and what are the size of your pensions

Customer: replied 11 months ago.
Pensions are minimal as just recently incepted my own.Child arrangements.
Im paying child maintenance in line with the HMRC official guidance for my income and access level.Child stays with mum full time and i see her for a few hours during the wee and weekends as she will not allow an overnight stay despite several requests.
Expert:  Harris replied 11 months ago.

Thank you. Were there any formal agreements or deeds of trust with her father regarding your £50k contribution?

Expert:  Harris replied 11 months ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 11 months ago.
No it was all done on trust.
Expert:  Harris replied 11 months ago.

Thank you for confirming. Firstly, despite the father's property being the former matrimonial home you will have no claim towards this as a matrimonial asset as it is in her father's name unless it can be shown that she has the true interest in the home and it is only in his name to defeat you making a claim towards it as part of the divorce. If this cannot be shown then you will need to specifically claim against her father for your contribution if you can demonstrate that there was intention for you to be reimbursed for your contribution.

As part of the divorce you will need to reach a financial settlement regarding matrimonial assets, initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

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.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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