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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34136
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My husband put in £180k deposit into our property we have a

Customer Question

Hi my husband put in £180k deposit into our property we have a £75k mortgage in my name. Title deeds are solely in my name. What am I entitled to if we sell house?
Submitted: 9 months ago.
Category: Property Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

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

How much is the house worth, how long have you lived together and are there any children involved?

Customer: replied 9 months ago.
We had house valued about 2 months ago but they said it might be worth a bit more £280-£290k. We have lived here since July 2015 and we have 3 children.
Customer: replied 9 months ago.
We bought house for £255k
Expert:  Clare replied 9 months ago.

How long have you and your husband lives together in total and how old are the children?

Customer: replied 9 months ago.
We were living together in another property (which belonged to his family and when sold that was his share which he put towards deposit) previous to buying this home (our first family home) for approx. 10 years. Children are ages 6,3 and soon to be 1.
Expert:  Clare replied 9 months ago.

How much would a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 9 months ago.
maybe approx. £180k could be less depending on condition / size of property
Customer: replied 9 months ago.
Don't know if this information is needed but all bills, mortgage, utilities are all paid out of my account which my salary covers.
Expert:  Clare replied 9 months ago.

What other assets are there and what income do you each have?

Customer: replied 9 months ago.
Apologies what do you mean by assets? Income do you mean by salary amounts? Myself £35k per annum him approx. £11k as he works part time
Expert:  Clare replied 9 months ago.

Savings etc - who has the day to day care of the children?

Customer: replied 9 months ago.
Not much in savings as used a lot during years maternity leave. Children have trust fund accounts. Day to day my husband looks after them as he works nights part time.
Expert:  Clare replied 9 months ago.

How will their care be shared between you if you separate?

Customer: replied 9 months ago.
We are not sure yet as we going through issues at the moment but before this it would be me working during day and he work part time nights. He would look after them, take to school etc
Expert:  Clare replied 9 months ago.

Does your husband have access to any other funds at all?

Customer: replied 9 months ago.
No
Expert:  Clare replied 9 months ago.

Not from any Trust funds?

Customer: replied 9 months ago.
No
Expert:  Clare replied 9 months ago.

What is your maximum mortgage capacity?

Customer: replied 9 months ago.
Only maybe up to £70k maybe more but as I have credit cards it won't be more than £75k
Expert:  Clare replied 9 months ago.

What about your husband?

Customer: replied 9 months ago.
He is still building up his credit and credit score. He hasn't applied before but doubt he would be approved for one.
Expert:  Clare replied 9 months ago.

It is very difficult to assess your position since the priority for the family court is the secure housing of the children.

From what you have said you will be sharing the care between you which means that ideally you each need suitable accommodation

Are there any shared ownership properties in the area which might facilitate this?

Customer: replied 9 months ago.
There might be. In terms of selling house it wouldn't be a straightforward answer in terms of who would be entitled to what?
Expert:  Clare replied 9 months ago.

It will only be a straightforward matter if you and your ex can actual agree how to divide it.

If you cannot agree then it will be for the Family Court to decide - and their priority would be the safe and secure housing of the children - so much will depend on how much time they spend with each of you.

Given that it appears that you will be sharing the care of the children a straight split of the equity would be one good option - with your ex receiving a little more in view of the fact that he has no mortgage capacity and brought the majority of the capital to the relationship

I hope that this is of assistance - please ask if you need further details

Customer: replied 9 months ago.
Thank you, ***** ***** be a case where he was entitled to it all seeing as he put in the capital?
Expert:  Clare replied 9 months ago.

No not at all - this is the matrimonial home and is available for division between you

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