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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married yrs and my wife has not paid any

Customer Question

I have been married for 4 yrs and my wife has not paid any thing to the mortgage or to the running of the house,or repairs . what can she claim?
Submitted: 3 years ago.
Category: Law
Expert:  Harris replied 3 years ago.
Hi, thanks for your question.
Do you have any children together and are you pursuing a separation?
Even though she has not been contributing financially towards the family home, she has matrimonial home rights arising out of the marriage - which means that she has a right to live there.
If you pursue a a divorce and a financial settlement, the court's starting point would be a 50-50 split of all matrimonial assets, and a change from this starting point would depend on the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 3 years ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 years.If you want some practical guidance on the issue I will need to know how much the property is worth and how much is outstanding on the mortgage?What other assets are there including pensions?What income do you each have?How long have you actually lived together