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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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my husband wants to end our marriage we have a son of three

Customer Question

my husband wants to end our marriage we have a son of three we have a mortgage he is putting it up for sale but he has never put my name on the mortgage where do i stand
Submitted: 4 years ago.
Category: Family Law
Expert:  UKfamsol replied 4 years ago.
Hello and thanks for your question.

I need a bit more information to be able to answer:

How much is the house worth and how much is outstanding on the mortgage?

What other assets and debts are there?

How much income from all sources do you each have?

Who has the day to day care of the child?

Would your ideal scenario be to stay in the house? If not, what would a small 2 or 3 bed house in the area you want to live cost?

Customer: replied 4 years ago.

Hi, the house has been valued today and is worth 350k.

I have debt of 30k and I am in a debt solution plan with Step Change. I have be paying into this for two years and have five years left. I currently pay £531 to this every month.

My income is £1300 a month from my full time job, this is my monthly wage.

No other debt to my knowledge.

I have day to day care of my child, my mum looks after him after pre-school finishes every day.

Assets wise my husband has a few Businesses but I have no desire to claim any money from them.

All I need to know is if I am entitled to half of the equity in the house?

I haven't paid any money to the mortgage or given my husband any funds towards the bills as he has always covered these.

I think the mortgage is £305k that he still owes on the house, or thereabouts. This is what he tells me and I have no reason not to believe him.

Thank you

Expert:  UKfamsol replied 4 years ago.
Hello again and thanks for the info.

In a divorce case, the court's decision about the former matrimonial home is not made without taking into account all the other assets as well. That doesn't mean that you would have to make a claim against any of your husband's businesses or pensions - but it could mean that you could claim far more than 50% of the equity in the house instead.

If you could give me a rough idea of the value of any pension funds he has, and a rough idea of the value of his businesses and/or his annual income, that would help. Please can you also let me have the figure for your gross annual income.

It would also help if you could say whether your household or family benefited from the £30K debt (eg holidays, household improvements or furniture, or clothes or equipment for your child) - if so, then it counts as a matrimonial liability even if the debt is in your sole name, which could mean that your claim against the net sale proceeds of the house is even more.

How much would a small 2 or 3 bed house in the area you want to live cost?