How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35037
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

I have been married to my husband months, living

This answer was rated:

I have been married to my husband for 14 months, living together for approximately 8 months before marriage and we have a 7 month old son together. We both have children from previous relationships.We have recently separated and I have moved in to social housing. My husband has owned his house for 14 years, and has approximately 300k equity in the house, but no savings and is a fairly low earner (28k a year).My question is when we get divorced will I be entitled to any of the money held in his house even though we have been married for a short time?If so, would he be forced to sell his property?Also, he is likely to have a very good solicitor, whereas I will not have one, will this affect the proceedings?
Thank you
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much does a cheaper two bedroom property in the same general area cost to buyWhat income do you each have?Where were you living prior to moving in?Clare
Customer: replied 2 years ago.
A 2 bedroom flat would cost around 250k, a house 300k.I was living in my elder sons dads property, we remain close friends and I was paying him rent to stay there, then moved in with my husband.I have a small income from an online business of approximately £100 a week, plus tax credits of approximately £180 a week and £30 child benefit.He earns approximately 28k a year
How much is the matrimonial home worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
It's worth approximately 400k and the mortgage outstanding is 125k
How old are your other children?
Customer: replied 2 years ago.
I have a 4 year old son and he has a 7 year old son
Customer: replied 2 years ago.
I should add I am not on the mortgage or deeds
Does his child live with him?
Customer: replied 2 years ago.
No he has him 1 night a week
How secure is your current housing position?
Customer: replied 2 years ago.
I have a housing association property which is a 7 year lease, after a years probation tenancy
OkWhat would you need a lump sum settlement for?
Customer: replied 2 years ago.
Financial security
Customer: replied 2 years ago.
As in, I cannot go back to work due to our child being so young, plys he has stated on several occasions he will not provide for our child, and he doesn't provide financially for the 1 he has already
is he working?
have you applied to the CMS (CSA)
Customer: replied 2 years ago.
Yes he is working and earns approx 28k
Customer: replied 2 years ago.
I have recently applied
Then he will indeed have to pay maintenance.Are there any immediate capital needs that you have?
Customer: replied 2 years ago.
No none
Yours is a short relationship - but there is a young child involved - however your housing needs and those of the children are adequately metThis means that a 50/50 division of the assets (the matrimonial home) is unlikely.However you are still entitled to a share of the assets - even if that means that the property has to be soldIt is difficult to accurately gauge what your share should be - but somewhere between 20% and 30% is possibleYou shoudl try and discuss this with your ex using Family mediationI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
And the fact I will not have a solicitor should not affect any outcome?Last question...
So long as you do not let yourself be bullied - no!
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you Clare
You are most welcome -I hope all goes well