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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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Im just gonna start divorce procedings with my ex she still

Customer Question

im just gonna start divorce procedings with my ex she still in the marital home and its in her name am i entitled to any money from it?
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?
-Do you have any children together, if so their ages and proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-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.
im 36 shes 34, been married 6yrs. we have 1 little boy of 8ys. alternate weekends and 2nights in the week i have him. house value is £240000 with a mortgage of £140000. shes living in the other assets apart from i came away with £20000 debt. my income is approx £22000 not sure on hers now but fairly good as shes just got a new managers job.
Customer: replied 1 year ago.
did the message go through?
Customer: replied 1 year ago.
is there anybody there?
Expert:  Harris replied 1 year ago.

Sorry for the delay in responding. As she has the sole care of the child her needs will be considered higher than yours however, you would still be entitled to claim financial relief from her. Despite the property being in her sole name you have matrimonial home rights (which entitle you to occupy the property until divorce - and this right can be registered on the title deed using form HR1 with the Land Registry) as well as make a claim to it. However, a court will unlikely agree that the property should be sold as she will need to meet the needs of the child - if she is unable to buy out an appropriate amount for your interest a court can delay this until the child reaches a certain age.

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 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.

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:  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.