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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 bought my house in 2000, out right. my partner then moved

Customer Question

I bought my house in 2000, out right. my partner then moved in later that year. We have been together ever since and got married in 2009. We have 3 children.
If we were to divorce would he be able to claim half the house?
He has never paid towards a mortgage. But has paid for a new kitchen. It was only 7 years ago that he started to contribute towards bills.
What is my position here?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
How old are the children and who has their day to day care?
Customer: replied 4 years ago.

house is worth approx 400k

There is no mortgage.

I have no savings.

My husband has 80k in stocks and shares

I earn 1300 per month take home.

My husband earns 1400 take home.

Kids are 10,7 and 3.

we share the care for them as in school runs etc.


Expert:  Clare replied 4 years ago.
How much does a small three bedroom property in the same school area cost?
Customer: replied 4 years ago.

I dont know why do you ask?

3 bed in this area is worth 350k - 400k

Expert:  Clare replied 4 years ago.
Just to check - how will the children share their time between you after the separation?
Customer: replied 4 years ago.

As we havent separated yet, I cant comment on the finer details, and e I will deal with the personal issues of this situation en it comes to it, but at present, before I make any life changing decisions, I would just apprciate an answer to my initial question.



Expert:  Clare replied 4 years ago.
A 13 year relationship does give your husband a clear claim on the Matrimonial Home I am afraid
Your total assets together are £480,000.
Whilst the starting point for division of the matrimonial assets is 50/50 the Court has wide discretion to depart from this.
In your case the fact that you owned the property prior to the marriage will be a major factor - and there is a realistic chance that the eventual distribution will be between 75/25 or 70/30 in your favour (of the £480K - not just the house)
However the priority for the court is the safe and secure housing of the children until they are 18 so if the children are spending the majority f their time with him then he might be awarded a larger share.
I hope that this is of assistance - please ask if you need further details