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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 150
Experience:  Consultant Solicitor at Setfords
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My husband and i bought a house it was just in my name to

Customer Question

my husband and i bought a house it was just in my name to start with and i personally put £30,000 deposit on the house, we are now separated and going to sell the house, i know its 50/50 split on the equity but as i put £30,000 deposit out of my money not his should i also get my deposit back?
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  MARCUS Malin replied 2 months ago.

Hello, my name is*****

Although you refer to a 50/50 in fact in the majority of matters equity is not divided equally.

In order to offer guidance can you provide the following:

- How long have you been married,

- Did you live together before marriage and if so for how long,

- How old are you,

- Do you have children, if so how old are they and who will they live with,

- What are your incomes,

- Are there any other assets.

Thank you.

Marcus

Customer: replied 2 months ago.
we were married August 29th 2009, we lived together for 4 years before we got married, i am 50 and he is 49, no we don't have children together,, his wages are around £30,000 year and i am on universal credit £667.82, no other assets that i know of.
Customer: replied 2 months ago.
163;667.82 month i meant.
Expert:  MARCUS Malin replied 2 months ago.

Hello,

You could make a contributions based arguement being that you should receive the first £30k and the balance divided equally. That would be the case in a short marriage without children. However, yours was a medium length argument so that argument may not be so strong.

Alternatively though courts distribute equity on a 'needs' basis. Your needs are the same when it comes to housing however your husband will have a mortgage capacity whilst it is unlikely you will. Therefore on that basis you should receive more than 50%. How much is hard to say without more information but you should receive sufficient to meet your 'needs'.

So you should get more than 50% unless you have a greater earning capacity but just choose not to earn as much as you could.

Finally you say no children together do you have dependant children who will continue to live with you. If so then your 'needs' will be greater.

Thank you.

Marcus

Customer: replied 2 months ago.
i am on PIP disability £450 month, my condition has caused me to have to stop work about 2 years ago my condition is spinal stenosis and will only get worse the doctors/hospital have said. my children are 28 and 25 and do not live with us.
Expert:  MARCUS Malin replied 2 months ago.

Hello,

On the basis of your circumstances without doubt your 'needs' are far greater and you should receive more.

What is the equity in your house and how much do you think you would need to buy an alternative - if not more modest - property.

Thank you.

Marcus

Customer: replied 2 months ago.
i don't know the value of the house its being valued next Monday 4th june but one the same was sold in november for £235000 however my husband has not decorated our house he has put holes in the walls with his fist and knocked down the bathroom wall and not replaced it so i don't think we would get s much as that, i believe we owe around £93000 left on the mortgage . I would need a ground floor flat or bungalow because i can't manage stairs with my condition so looking at property for sale i would say a minimum for a 2 bed ground floor flat is £65000
Expert:  MARCUS Malin replied 2 months ago.

Hello,

I believe you should be looking to get somewhere between 60 - 70%.

That is on the basis that there are no other significant assets.

Your husband has a greater earning capacity than you and that should be reflected.

Thank you.

Marcus

Customer: replied 2 months ago.
do you take on divorce cases and if you do how much would it cost please?
Expert:  MARCUS Malin replied 2 months ago.

Hello,

I shall get back to you on that shortly.

Thank you.

Marcus Malin

Customer: replied 2 months ago.
Ok and thank you for all your help. Also can you tell me do Solicitors contact the mortgage company when dealing with a divorce or would i have to contact them to tell them i'm getting divorced etc?
Expert:  MARCUS Malin replied 2 months ago.

Hello,

There is no need for you to tell the mortgage company at this time and in any event will be done on your behalf.

Thank you.

Customer: replied 2 months ago.
Ok thank you. So do you take on divorce cases please?