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Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated from my husband for approx. 10 years

Resolved Question:

I have been separated from my husband for approx. 10 years and we divorced in 2011. When the marriage dissolved I left the family home, there were no children within the marriage. My ex husband has recently contacted me to say that he now intends to sell the house and needs my permission to do so. I was wondering what I am entitled to as I would at least like 50% of the deposit back that I originally put into purchasing the house.
Thank you for your time,
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 were you married for?

-Have either of you remarried?

-Was there a court approved financial settlement as part of the divorce, if so what are the terms?
-Do you have any children together, if so their ages and proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-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.
Hello, thanks for getting back to me in response to your questions:
- I am 35 my ex is 37
- We were married for 6 years.
- I have remarried, my ex has not but is co habiting in the house with his new partner.
- There was no financial settlement as part of the divorce as I made the arrangements myself.
- We have no children together.
- The value of the property is around £150k, am an unsure as at what the outstanding value on the mortgage is, but the mortgage was taken out to a value of £118k in around 2003.
- My ex is currently living in the property, but was renting it out to a friend for a few years after the separation and divorce.
- I am unsure of my ex's financial situation or assets. My current income is £20k per year as I work part time. My husband earns £56k per year. I have a pension worth around £10k at the moment.Thanks again for your time,
Customer: replied 11 months ago.
Also I should probably mention that the deeds and mortgage are still jointly in my name (old married name).
Expert:  Harris replied 11 months ago.

Thanks for confirming. As you have remarried you would be entitled to no more than 50% of the equity in the home. Given the medium length marriage and the long separation, it is unlikely that the court will agree to focus only on contributions and will look at both your needs. Given that he has not remarried is still able to pursue a financial relief claim against you in respect of matrimonial assets.

I hope this assists you. 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 your question without a positive rating. Thank you.

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