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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are getting divorced after 4.5 years married.

Customer Question

My wife and I are getting divorced after 4.5 years married. We had been renting together for 6 years and separated last year. My wife has being renting independently since jan 15 and claiming benefits to support her and our two kids, 3 & 8. I am renting another property, however I own a home that we briefly lived in for 18 months which she didn't want to be in so I rented it out for less than the mortgage payment to rent us somewhere she did like. We left it before we married, it's in my sole name, all payments relating to it I pay.
Now we are divorcing does she have any claim on this property?
Can this be classed as the marital home?
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
It will not be considered the matrimonial home as you did not live there whilst married. However, even though it is solely owned by you and not considered the matrimonial home, it will be considered as part of a financial settlement alongside the divorce. Both of you will need to disclose all your assets, liabilities, pensions, income and reasonable needs and the court will decide whether any agreement reached is fair for you, the children and her. The starting point for the court is a 50-50 split of all assets and this is departed from based on this criteria that is considered by the court:
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:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.