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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 and I seperated over 2 years ago we have both moved

Customer Question

my wife and I seperated over 2 years ago we have both moved on with our lives, We have 2 children together age 21 and 17. They still live in the house. We have recently put together the papers to divorce amicably ourselves as we have been apart for over 2 years. I now live in a rental property with my new partner. My wife however has moved her new partner into the marital home and has been for a significant period of time without my knowledge. This has been confirmed by my son and neighbours. I have always paid the mortgage in full and still do. As the divorce is going forward I want to know my legal position with the house as my son is still 17.
I would appreciate any advise on either a house sale or payment from a buy out Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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?
-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.
both 49 yrs
23 yrs married
£300,000 outstanding £100,000
both names on mortgage
1 pension each £85,000 ish I dont know her value?
Hers is approx £26,000 inc all benefits mine is approx £45,000
Customer: replied 1 year ago.
no phone required thank you
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly she has a right to occupy the property due to her legal interest, and practically this can usually include a long-term partner. However, you have a right to seek either a sale of the property or for her to buy out your respective share from the property. Before making such proposals or requests it is necessary for you to be fully aware of what each of your financial positions is - You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets, and these are likely to be everything due to the length of the marriage, and teh court will need to ensure 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.

I hope this assists you. 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 your question without a positive rating. Thank you

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years

My colleague has very accurately set out the Court process involved

However on a more immediately practical basis if your ex has moved her partner in then it is not reasonable for you to continue paying the mortgage and you should notify her in writing that as of November the mortgage will be her responsibility.

This will not change your claim on the property.

In addition given that your son is already 17 you can look to a sale of the property if she and her partner do not wish to buy you out.

Since she now has a new partner there is no reason why there should not be a straight 50/50 division of the matrimonial assets

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.