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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3952
Experience:  Barrister at law
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I bought an apartment in london in 1996 my girl friend moved

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i bought an apartment in london in 1996 my girl friend moved in late 2002 and we got married in mod 2004.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: sorry did not mean to send with this part. what is she entitled too. she is not on the deeds. we are looking at divorcing. i am told she is entitled to 50%of the increase of the property from marriage or when she moved in until now. is this correct? could she be entitled to more. she has not made any payments to the mortgage or up keep
JA: Where is the apartment located?
Customer: london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: this is our key asset and so it is the most important element of the divorce. We have 2 kids well one is now 18 and one 13
Customer: replied 9 days ago.
can any one help with this

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?

 

Customer: replied 9 days ago.
flat is worth 2.8m , there is an 850k mortgage , my wife does not work and so is the main career

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.

Customer: replied 9 days ago.
Well I guess it would be 1m each but I would look to let her stay there as my son is comfortable and I would rent. I am more focused that when we did sell how much of it she would be entitled to and how that is calculated. And ultimately who owns what percentage of the property.
Customer: replied 9 days ago.
As stated i owned for 6 years before she moved in and 8 before we were married

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?

Customer: replied 9 days ago.
Thanks what does that mean time specific can you give a real life example that may illustrate the point
Thanks

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?

Customer: replied 9 days ago.
Ok but is there a difference in providing them a home I.e letting her stay with my son in the flat whilst I retain ownership

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.

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

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