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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm married for 9 year living over 2 years before that and

Customer Question

I'm married for 9 year living over 2 years before that and provided for my wife
tho the house is in her name from £130000 from 1st divorce and the mortgage is her name £100000 , we planned this to be together to be together
I have provided for her with £300 a week house keeping plus electric gas and water plus Caribbean holidays mostly 2 a year approx. £60000 , spent approx. £60000 on the house , £10000 is surgery boobs, eye surgery , tooth implant brought her her car £5000
I restaurant most weekends, treaded her like a princess
she wants me to move out as one of her kids doesn't like even tho he moved out 5 years ago and is now 21yrs old doesn't live with us, she is on a guilt trip I think?
she does have 15yrs boy living us
am I entitled to anything , should I stay put
she say she still loves me
she works part time 4hrs a day 20hrs a week
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

How long have you worked there?

Expert:  Ben Jones replied 11 months ago.

I sent that by accident. I apologise

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?
-Is the child yours?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 11 months ago.
an 51 she 49 the child is from her 1st marriage
I have 50% stake in a house to be sold next year from my previous partner approx. £120000 less tax etc
no pensions she has small Barclays pension but stopped work to have her 1st child in1993
and she pays into a school one where she works part time and has been working there for a approx. 5years 20hrs a week £700 a month
I am self employed earning approx. £50000 year
Expert:  Harris replied 11 months ago.

Thanks for confirming. Arising out of the marriage you are entitled to claim financial relief from her, and she is able to from you. The courts will consider matrimonial assets when dealing with such applications. The property you live in, despite her obtaining it from her previous marriage, has been used as the matrimonial home in your marriage and you are therefore entitled to claim against it. However, she would also be able to claim spousal maintenance from you due to the standard of living she has enjoyed during the marriage and her small income.

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. For your information the criteria considered by the court in these matters 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

Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 11 months ago.
should I stay at the home or move out?
Customer: replied 11 months ago.
should I stay at the home or move out as she wants
Expert:  Harris replied 11 months ago.

What is the reason for you wanting to move out?

Customer: replied 11 months ago.
she wants me to move out I don't want to tho
Customer: replied 11 months ago.
can she make me move out
Expert:  Harris replied 11 months ago.

That is a decision for you to make, but you are legally entitled to remain there as you have matrimonial home rights which allow you to occupy the property until divorce. She cannot make you move out unless there is a court order excluding you from the property.

Customer: replied 11 months ago.
ok thank you
Expert:  Harris replied 11 months ago.

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris