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Clare, Solicitor
Category: Law
Satisfied Customers: 33010
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Mr. S. J.**** 40 ***Lane ***** **** ***** ***** ** 29 0LJ My

Resolved Question:

Mr. S. J.****
40 ***Lane
**** *****
***** ** 29 0LJ
My phone: 01303 872027 {please give me time to answer}
7th Sept. 2016
Ref.: Mrs Carol A ****
Dear Sir/Madam,
My wife has decided to sell 40 Tartane Lane, our home, and suggested that we should separate. I would like you to try and get an equitable distribution of the proceeds of such a sale. The house was purchased in her name only at the time {about 1999}.
I seem to recollect that some kind of charge against the property was set up for me in case of problems. Perhaps you could research this before the sale takes place.
I have recently been diagnosed as having Alzheimer’s memory disorder, which affects mainly my most recent memories. I hope that I can remember accurately what has occurred in the past. My recollections are that Mrs Dixon purchased the property in about 1999 for our joint use. I believe she put down a deposit of £7,200 on a purchase price of £72,000. She and I took residence there immediately. The house was small, and I soon obtained planning permission to build a house extension. I paid a local builder about £22,000 in total {my total assets} to build the empty shell. I then renovated the house and its new extension, doing all the electrical’s and plastering, decorating etc. This was all completed within about 6 months of the purchase. Unfortunately the builder is no longer around and I have no documentation to back this up. I don’t think Mrs Dixon will dispute the above figures however.
Shortly after the building was completed I succumbed to injuries I had received some years earlier {in 1971}. I then lost my business and had to rely on the social security system. We have received a Disability Living Allowance {DLA for myself} and other joint benefits {Carers Allowance and Housing Benefits etc.} since this time. These have all been paid into my wife’s bank account, as I was unable to manage my own affairs at the time. We are still in receipt of such benefits. She has used my disability payments to pay the mortgage and all other bills for the house, from shortly after the house purchase {about year 1999, I think, also about the date of our marriage}.
I feel that I should receive a sum from the net proceeds from the house sale so that I can afford accommodation for my two sons and daughter to visit me. I hope that you can help me with this objective. Perhaps I should not try to move out until the house is sold? {Around £350,000 less the mortgage and costs of sale. Perhaps you might advise me about this!
I hope that you can arrange an agreement with her/her advisers for a share in the proceeds before we part company.
Yours faithfully,
Stuart John *****
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is outstanding on the mortgage?

Customer: replied 1 month ago.
The mortgage is £64,800 I think.
Expert:  Clare replied 1 month ago.

Are you intending to start divorce proceedings?

Customer: replied 1 month ago.
if required!
Expert:  Clare replied 1 month ago.

How much would a suitable one bedroom property in the same general area cost to buy?

Customer: replied 1 month ago.
One/Two beds in Sandgate are about £200k
Expert:  Clare replied 1 month ago.

Do either of you have any other assets?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Pension abot 1Kpm
Customer: replied 1 month ago.
No other assets apart from my pension about £1000 pm
Expert:  Clare replied 1 month ago.

Given the length of your relationship the starting point for division of the matrimonial home is 50/50

Unless there are other assets then it is unlikely that the Court would move much from the 50/50 division

You could look at Shared Home ownership schemes in your area to see what might be afforded - and you should protect your Matrimonial Home Rights using the form here

I hope that this helps - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33010
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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