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Category: Family Law
Satisfied Customers: 327
Experience:  Expert
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My husband and I am seperating and he is making a claim on

Customer Question

my husband and I am seperating and he is making a claim on my house. When we met he had no house and was 30K in debt which I paid off out of my house. Does he have any legal right to my home. He has had 50 K
JA: Where are you? It matters because laws vary by location.
Customer: UK, Wales
JA: What steps have you taken so far?
Customer: None, he has moved out into a flat provided by work
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need to know is this free advice?
Submitted: 14 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 13 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. I'm sorry to hear about your dilemma so I'd be happy to offer some guidance. Firstly, please would you confirm how long you've been married? Secondly, do you have any dependent children? How much is the house worth? How long ago did you pay off his debt? Thanks, J
Customer: replied 13 days ago.
11 years, no dependants around 325000 snd paid his debt around 11.5 years ago
Expert:  JeremyT1020 replied 13 days ago.
Hello and thanks for the additional information. It is a long marriage (anything over 7 years is considered long nowadays). I'm afraid that he will have some entitlement to your property by dint of the fact that the house is a matrimonial asset that has increased in value during your time together. The starting point is a 50:50 split of the assets (the yardstick of equality), however, there are various factors that must be accounted for. I suspect you could probably argue that you should be credited for paying off his loan AND the house had significant pre-marital value but that argument diminishes over time. The bot***** *****ne is that he will be entitled to something.
Customer: replied 13 days ago.
He has had 50k but wants another 50k
Expert:  JeremyT1020 replied 13 days ago.
Well, notionally, he would be entitled to half of the equity. I don't suppose he'd get that if he went to court but you and him need to have financial disclosure - get valuations of the house and any pensions, last 12 months' bank statements, 3 months' wage slips, details of debts and liabilities, etc. If he has a pension, say that you want a share of it and use that as leverage to reduce any claim he may have against the house (it's called 'offsetting').