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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am going through a divorce, we have no children. We were

Customer Question

I am going through a divorce, we have no children. We were married 13 years. Our biggest asset is a family home, worth around 600k with no mortgage. My father helped paid for the mortgage (~100k), is there a way for me to claim back his contribution in the settlement? After all it is part of my inheritance. My husband is trying to buy my share out of the property, but he is taking his time and not progressing this quickly enough. He got a low valuation on the property. I don't particularly care as I just want a quick settlement. But in the meantime I have to pay rent, while he lives rent free in the house. Is there a way for me to progress this faster, as well as to claim some of the rental cost I've had to pay?



Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
I will do my best to assist you but do need some further information first.
How long did you actually live together; what others assets and debts are there and how much do you each earn?
Customer: replied 4 years ago.
We lived together for 17 years. We have no debt. We earn more than 50k each, we are both professionals.
Expert:  Clare replied 4 years ago.
Thank you for that.
Given the length of the relationship the starting point for division of the equity is 50/50
However the fact that your father made such a considerable contribution does mean that the family court woudl be likely to give you a larger share to reflect that contribution - and the fact that you are currently having to pay rent.
If you wish to bring this matter to a head you can either suggest using Family mediation to resolve the matter - or issue a Financial application within the divorce proceedings to lock you both into the Court timetable for resolution (which is not short but is enforceable)
I hope this is of assistance - if you need further clarification please do not hesitate to ask