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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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Sadly my wife and are are splitting up and she is going

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Sadly my wife and are are splitting up and she is going to move back to Scotland.We live in Kent and part own our house on a part buy part rent basis through Amicus Horizon.Our share is 50% worth approx £80.000 and is in joint names.She is insisting on her half which would mean having to sell up and this would leave me homeless as I am 60 years old and have a low paid job now.Am I right in thinking that I can refuse to sell as she is leaving me and stay in my home?
Thanks in advance of your advice.
Ray Poll
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long have you lived together?
Customer: replied 2 years ago.
We have lived together for 8 years,7 as husband and wife
Customer: replied 2 years ago.
By the way,I pay and have always paid the bills,I also took the tax free lump sums from my pensions to furnish and renovate our home adding french doors and new front door and window.I pay all the food bills.She contributes £300 per month which goes into a saving account which covers any holidays or socialising.She also spends approx £200 per month on smoking cigarettes.Hope this is helpful
What capital did you each bring to the marriage?
Customer: replied 2 years ago.
She brought nothing,I put in £33,000 which I had from my previous marriage
Where did the rest of the house money come from?
Customer: replied 2 years ago.
The £33,000 went into a previous house that we had a morgtage for,I was made redundant from a well paid managrs job so we sold up and looked at part buy part rent.Our 50% share to part buy part rent was £70,000 and we only came away with £60,000 so I took a loan from my bank for the difference of £10,000 which I also pay at £295 per month.
What income do you each have?
Customer: replied 2 years ago.
My income from my job can vary if I do extra shifts but would average approx 16 to 18,0000 a year
My pensions would adf another 3500 per year.
Her annual salary would he approx 12,000 per annum
Where was your wife living prior to living with you? (by which I council house; private rental etc)
Customer: replied 2 years ago.
She was living in rented accomodation on her own after the breakup of her previous marriage in the Eltham,South East London area,prior to that she was living in rented accomodation in Scotland.
Can you raise any funds at all?
Customer: replied 2 years ago.
No none at all,tried to take the pots from my pensions but unable to do so.
We do have £10,000 in premium bonds which I brought and put in her name.I have agreed to let her take them to Scotland to get her started in some accomodation and living expenses and would pay her the remainder of her half share when the house was sold but going back to my original question why must I sell up as she is leaving me so would be happy for her to take £10,0000 and leave me in the house which I have funded.
Customer: replied 2 years ago.
Sorry need to get to sleep now have 12 hour shift to work tomorrow.
Within the Financial side of divorce proceedings your wife can indeed ask the court to order the sale of the property in order that she can receive her share of the matrimonial home./
Whilst the starting point would be 50/50 the family court does have wide powers to redistribute assets in any way that the court feels is fair - and they will certainly take into account the financial contribution that you have made
My only concern is that the court whilst the court will not give her 50% of the matrimonial assets a they will certainly want her to have more than 11% of them and that being the case I am afraid that a sale IS likely - the fact that she decided to move out will not protect you I fear
Please ask if you need further details
Customer: replied 2 years ago.
Hi Clare,thanks for the answer,not what I wanted to hear but at least I will know where I am going.
In your opinion would it be best for me to sit tight in my house,while she goes back to Scotland,and if she wishes let it go to court and they can decide on a fair split based on my contributions.If I sell up now I will have to give her 50% so my idea would he to stay put and see what she does.If my assumptions are correct she cant sell the house without my consent?
Stay put - she cannot sell the house without your agreement or a court order
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Clare for your sound advice and I will stay put
Kind regards