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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, Im about to separate from my husband as I have recently

Customer Question

Hello, I'm about to separate from my husband as I have recently found out he has been having an affair. We've purchased a property valued at £135k and there is £50k outstanding on the mortgage. When he is offering me a settlement figure should he base the figure on the value of the property or what we have paid off the mortgage?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
How was the purchase funded - where did the deposit come from?
Customer: replied 3 years ago.



We have lived together for 10years, the deposit was funded through my husbands previous divorce. He has also been left some inheritance and paid a lump sum off the mortgage recently £30k. There are no children involved.

Expert:  Clare replied 3 years ago.
What other assets and debts are there and what income do you each have?
Customer: replied 3 years ago.

We lease a BMW and own a Mini

We have no debts

We have £20k in savings

He has been left £54k in inheritance £30k paid off the mortgage

I earn £60kpa and my husband earns £50kpa

Customer: replied 3 years ago.

Hello Clare, I'm not sure if you received my last response to your question re other assets/income?

Expert:  Clare replied 3 years ago.
My apologies for the delay
Given the length of your relationship the starting point for division of all the assets is 50/50.
However the fact that your husband brought the bulk of the capital to the relationship means that the court is likely to give your ex a larger share - maybe a 60/40 split - or even 70/30 - although i think that the court would be unlikely to go that high.
If the savings are the rest of his inheritance then it could be that he keeps those and then the equity is 50/50
You should try and negotiate with your ex using Family mediation (