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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1389
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner and I have separated after she admitted having an

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My partner and I have separated after she admitted having an affair. We have been married for about 5 years and lived jointly in a house that she inherited from her mother, who we both nursed during a long illness before her death about 4 years ago. I was named as the second beneficiary on her mother's will. My partner decided of her own volition to put both of our names on the deeds of the house during the conveyancing process. We have no children or mortgage and throughout our relationship I was the sole earner and I spent all my spare time and money renovating and maintaining the property and looking after 11 acres of land that my partner also inherited (valued at £100k+). My partner is now in a new relationship and I have moved out of the house. I am on a low income and currently effectively homeless, depending on friends and family for accommodation. We had previously agreed to sell the house and divide the proceeds and we currently have an offer on the table of £400k; but now my partner is saying that she doesn't want to sell and that she doesn't want to pay me for a share of the house. We haven't started divorce proceedings yet but I'm facing having to live on the streets and would like to understand my legal position regarding the property.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please kindly confirm:
- were you legally married? If so when?
Kind Regards
Customer: replied 2 years ago.

Hello Caroline,

Yes we were legally married in april 2010

Thank you for your response.
As you are legally married then you are entitled to make a claim in respect of the matrimonial finances if you decided to divorce or judicially separate.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities - which includes the matrimonial home.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. This should only cost circa £300 - £400.
Kind Regards
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