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Hello, my name is Peter and I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
I'm reviewing your question and will revert back to you shortly.
Can you set out some figures for me - what is the property worth, what mortgage is outstanding?
Who is the main carer for your 13 year old?
OK thank you.
And though this next question may not be easy to answer, what do you think it will realistically cost to rehouse you both - for example if the flat were to be sold and you were both to purchase new properties?
Obviously there is nearly 2m worth of equity here.
OK. Technically, you own the whole property - it was purchased prior to the marriage and is on paper a non-matrimonial asset.
However, this is where the 'need' argument comes in.
It is impossible to apportion a percentage now, as any successful application to take a percentage of the property is going to be based on need. And need is time specific.
I hope this assists?
OK. If your wife is caring for your child, who is under 18, their needs are combined and the court will be concerned with providing a home for your child.
If your children are all adults, her need only counts, and this does not extend to providing accommodation for your children necessarily as they are adults - so the the 'needs' based argument relies on circumstances.
I hope this clarifies the point?
There is no difference currently, as you own the property and as I said the starting point is that is your asset. Her claim will only be addressed when the divorce finances are looked at and it will be based on the needs as demonstrated to the court at that time.
I hope this clarifies the point.
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