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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 1550
Experience:  Senior Associate Solicitor
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Me and my first wife bought a house she died my second wife

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Me and my first wife bought a house she died my second wife married for 9 years we are devorsing this a 15 mortgage was left after first wife can my 2nd wife clame half the house I always paid the mortgage no mortgage now. Eric

Hello, thank you for the question.

The house is classed as a matrimonial asset and as such it will be taken in to account if you divorce.

The court will look at the assets and any liabilities, as well as other factors such as how long you were married for, what your earning potential is like if you are not yet retired, your contributions to the mortgage in the past, the sizes of pensions, standard of living enjoyed and so on.

The court will look at your wife's financial needs and if she is looking to live elsewhere and the other assets can't facilitate that, then the matrimonial house would be split in shares although you can argue for a higher share to reflect your contributions. It would be a case of negotiation with her - if you can agree finances early in the divorce proceedings then you can have a consent order drawn up at the decree nisi stage to formalise the agreement.

I hope this helps - let me know if you have any questions and if you can accept the answer and give me a star rating, I can offer unlimited follow up Q&A's at no extra charge

Kind regards,

Jim

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Customer: replied 3 months ago.
I am 67 only state pension she 64 we have 1 other property bought in marriage 50 / 50