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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34906
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 married in 1990. My wife and I lived for 1 year in my housing

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I married in 1990. My wife and I lived for 1 year in my housing association flat before moving to a house that my wife owned.
The marriage is over and we are entering mediation. At one stage the house was in both our names but due to financial difficulties i experienced in 1999 ,the house was returned to my wife's name. The mortgage have been held in her name. I have never been unemployed and have always contributed to the house expenses, upkeep and maintenance.
I have registered the house as my matrimonial home at the land registry.
We have 2 small children, 5 & 6.
I have been asked to leave the house although I am primarily responsible for childcare.
The house is worth approximately £580k with £30k left on the mortgage
Do I have any financial claim on the house during a divorce?
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 was the purchase funded?
What other assets and debts are there and what income do you each have?
Customer: replied 4 years ago.
The house was solely funded by my wife. I made no capital input.
My sole debt is a an £8k loan.
Credit cards balances of £1.5k
I earn £30k and my wife earns £50k
When was it purchased?
Customer: replied 4 years ago.
I'm not sure. I just had a look at the land registry which shows that she became the sole owner in 1997 when I relinquished my rights for a 'peppercorn'.
I will guess and say 1984
How much does a cheaper three bedroom property in the surrounding area cost to buy?
Customer: replied 4 years ago.
Have you discussed how the care of the children will be shared between you?
Customer: replied 4 years ago.
We've decided to work around the existing arrangement
I would pick up children from school Tuesdays and Thursdays (as I do already), Dropping off the following day to school
2 weekends a month each

At present I take children to school mon tues, wed, Thursday and pick them up tues & Thursdays afternoon
The children are picked up by childminder Monday and Wednesday

What mortgage capacity do you each have?
(best guess is fine)
Customer: replied 4 years ago.
Tricky.... I'm 53 and she is 50.
I've been looking at monthly rents of about £1350
So on that basis I might be able to borrow £150000 over 15yrs?
She would have better capacity then mine
Sorry so vague
The first and easiest part is that you do indeed have a Financial Claim on the Matrimonial Home with a starting point of a 50/50 division
However that is only the starting point and the court has the power to distribute the assets in any way they consider appropriate
The fact that your wife brought the property to the marriage will be of importance but the priority is the safe and secure housing of the children
However the current house could be sold and a 64/35 split of the equity would still allow your ex to rehouse herself and the children - and possibly also allow you to do so - especially if you find a shared home ownership property to purchase
You will need to negotiate with your ex using Family mediation (
Please ask if you need further details

Customer: replied 4 years ago.
Continuing this question..... If I move out at the end of the month, as I have been asked to do so, do I subsequently relinquish any claim to the matrimonial home during the divorce proceeding.I am looking at 2 bed properties and will continue with my existing childcare arrangements as detailed above for Tuesday and Thursdays. It was my thought to rent for 6months to a year to enable the divorce to proceed smoothly and allow the children settle comfortably.I would continue to pay half the mortgage but exclude the household utility bills etc.
No you can leave without impacting on your claim
You do not need to keep paying the mortgage - just child maintenance
Clare and other Family Law Specialists are ready to help you