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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 name only is on the deeds to a house which I purchased in

Customer Question

My name only is on the deeds to a house which I purchased in 2001 before I married, I married in Nov 2008, my husband paid the mortgage money £317 into my account each month for me to pay the mortgage from Nov 2010 till Nov 2015 when I paid off the balance with inheritance from the death of my mother left to me alone. During this time I paid for many other things like a garden remodel £5,000 new windows around £4,000 new kitchen around 5,000 driveway 1,000. I paid my own bills such as phone, car, car insurance and bought all the food. He is now divorcing me for unreasonable behaviour (with no true grounds) and is asking for a lump sum or threatening to take me to court for half of everything. He says he wants 66,000.00. My question is do I need to pay him anything and if I do, what do you think the amount should be? There are no children invoved.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-How old are you both?-How much is the home worth?-What other assets do you both have, including pensions? (Please provide the values)-What are your respective incomes?
Customer: replied 1 year ago.
I'm 49. He is 50
I have no private pension. He has a private pension of roughly 20 years with Courage's (no idea of value)
I work part time, bringing home roughly £300 per month. He works full time bringing home roughly £1,500.00
Customer: replied 1 year ago.
I have around £53,000.00 which was inheritance left to me when my Mum died. He has no savings that I know of.
Customer: replied 1 year ago.
He moved in from a rented room bringing nothing, just with clothes.
Expert:  Harris replied 1 year ago.
Thank you for confirming. If this matter went to court, the court's starting point will be a 50-50 split of all matrimonial assets, which for you will be the home. In relation to your inheritance, the remaining savings are not an automatic matrimonial asset unless you have brought it into the needs of the family. His pension will also not fully be a matrimonial asset given that you were not married during the majority of time it was accrued. Therefore, the court will likely focus on the home and all other matrimonial assets, so the starting point will be at least £150,000 each.Furthermore, if you are unable to meet you reasonable needs from your income you can claim spousal maintenance to make up the shortfall.For your information, the court will look at the following criteria when deciding in such matters: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.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.