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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have received a letter from my former husbands solicitor

Resolved Question:

Hi,I have received a letter from my former husbands solicitor in regard to our property and former marital home, which my former husband lives in alone. Really need to get a clear yes or no to whether legally I am entitled to be paid in full for my 25% share in the property. This is the calculation I have been sent.Valuation of property; £190,000
Housing Association share 50%; £95,000
Half share of Gibson & Parish 50%; £95,000
Capital sum of mortgage; £74,000
Notional sale costs; £3,800comes to £17,200My share would be £8,600I originally asked for my 25% in full which would be £47,000 as my former husband wishes to stay in the property. We were divorced in 2014 and the property was not sorted out as my former husband would not move out and I could not afford to force a sale.So am I entitled to ask for my full share or not?. My former husband will be paying off the outstanding mortgage himself as he has inherited family money.Many thanksLynda
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long were you married?

-Are you now divorced, if so have you remarried?
-Do you have any children together, if so their ages and proposed arrangements?
-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 1 year ago.
I will answer in order.England
I am 46, he is 49
married 7 years
we divorced in October 2014, neither have remarried
No children
The property is in both of our names
no other assets or pensions
my income is £650 per month form ESA and PIP, I have a severe and enduring mental health problem.
his income is £28,000 pa as a Bus driver.Thanks
Expert:  Harris replied 1 year ago.

Thank you for confirming. It is not a certainty that you would be entitled to an equal split of assets and, if the matter went to court, the court will have to fully assess both your positions and make a decision based on the available assets and finances.

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. If you are unable to meet your reasonable needs from your benefits you would be entitled to seek spousal maintenance from him as well. 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.

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

Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

I am afraid that my colleague did not in fact answer your question.

Your claim on the property is for 50% of the equity - £8,600

You cannot claim the £47,000 because the mortgage has to be taken into account

You may have a claim on other assets that he has UNLESS he has inherited them since the divorce when it would be more difficult

You do have a potential claim for spouse maintenance - and could ask for a capital settlement instead - but it is unlikely that £47,000 would be achievable