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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4903
Experience:  Barrister at law
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I have been married for 2 years. My husband is divorced

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I have been married for 2 years. My husband is divorced however when he filed for divorce the financial side of things were not sorted and now, 7 years on his ex wife has rightly brought a claim. He has solictor dealing with this now. I am a little worried about what his ex wife can claim on. We brought a property together where we are joint tenants. We both put i equal share but i paid the stamp duty. I did not take out a deed of trust on my share. Could his ex wife claim on our house?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing has gone to court. My huband has just filled in his form E and she has completed hers. Her solicitors have come back asking questions about me and want a valuation of the house.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Uxbridge county court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just need to know if i need protect my share? Will she be entitled to claim the share that i put into the property

Hello, my name is Peter, I'm a barrister and will 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 - in fact I may not respond until the morning due to the late hour.

Can you clarify what the property you own with you partner is worth?

Thank you.

Customer: replied 15 days ago.
The property is worth £429,000 We had it valued last week. We initially brought the property 2 years ago for 425,000 with a £65K deposit. We paid down £32.5K each on the house and £11,0000 stamp duty paid by me. It is due remortgaging in April this year as fixed term is over then.

OK. My view is that whilst technically there is a claim, the value of his share of the asset (your property) is only equal to roughly the amount of deposit that he contributed. By this I mean that it has not increased in value. So he is not in a better position financially as a result of having invested in the property with you.

Where did his share (£32.5k) come from - was this from the proceeds of the sale of the former matrimonial property?

 

Customer: replied 15 days ago.
Hi, his share did not come from the sale of the former matrimonial property. He left his ex wife in rented accommodation which he rented with her and brought a flat under from himself under a share ownership scheme.

One of my main concerns in the share that I put in. Why does his wife solicitors need to know how much our house is worth? Could his ex wife claim on the house regardless of who contributed what share? Is there a way I can protect my investment. I have 2 children from a previously relationship and I would not want them to lose out.

The point is that your shares are equal, and his share is worth about what he put in. There is no claim to make on your share.

The solicitor will be wanting to see whether there is a significant asset to make a claim on. The asset is not that significant though as it has not increased in value.

The starting point being that the asset should be excluded - purchased so long post divorce.

If there was a huge sum of equity, I think it could have been a different case.

He has a solicitor dealing with this though - and they have all of the information to advise him on the potential outcomes here.

Can I clarify anything further at this stage?

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal and other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
Hello Peter,
Thank you for your advice on this matter. Its have clarified things for me and put my mind at ease at this stage.
If I anything else changes I will be in touch with you.

Kind regards
Sharon