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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife left me over a year ago. She is not named on my

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My wife left me over a year ago. She is not named on my mortgage or has contributed towards it or has been responsible for any bills what are her legal entitlements if any please. We have 4 children together of wich 3 are of adult age and the youngest 14 now lives with her mother to which I pay her child maintenance weekly.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
I am 46 she is 42 been married since 1995 the property is worth about 40 to 50k it needs renovation I live in the property and earn 28k a year she works part time in a shop on minimum wage the property is in my name and there's only me who used to have a pension which was paid into for 12 years I have no assets nor she there is currently a balance of around 5k on my mortgage

Thanks for confirming. Given your long marriage I am afraid that the news is not great. Given the disparity in your incomes and asset positions, and the fact that she still has a minor child in her care, she would be entitled to seek financial relief from you in relation to the home, your pension and potentially spousal maintenance if she cannot meet her reasonable needs. Given the length of the marriage, and it appearing that the property was used as the former matrimonial home, she will have matrimonial home rights and the court will no doubt consider it a matrimonial asset.

The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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