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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 ex husband and I own a 50% share in a shared ownership

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My ex husband and I own a 50% share in a shared ownership property.
He lives in the property alone and we divorced last November.
He has recently come into an inheritance and now wishes to pay the entire mortgage off and remove me from the mortgage and deeds.
I am unsure of if I should do this and what if any rights I may have.
I would be very grateful for some advice.
King regards
Lynda Gibson.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and arrangements?

-What is the value of the property?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-Have either of you remarried?

Customer: replied 1 year ago.
HI,I'm 45 and my ex husband is 49
We were married for 6 years
No children
The value of the property is £210,000
We have no other assets or pensions together
His income is £28,000 pa
Mine is £6000 pa, I am a mental health patient under treatment at present.
Neither of us have remarried
Customer: replied 1 year ago.
Our 50% mortgage at present would be paid back at a total of £83,000

How much is he proposing to provide to you as a lump sum and what is your current housing situation?

Customer: replied 1 year ago.
He hasn't offered me anything. He dose not believe I'm entitled to anything as he pays the mortgage.
I live in private rented accommodation.

Thank you. What were the contributions towards the deposit and mortgage during the marriage?

Customer: replied 1 year ago.
We bought the flat in October 2007. We jointly paid the mortgage until 2009. We then had to move for work reasons and installed tenants to pay rent which went to pay the mortgage. Then in 2015 after we had separated my ex husband removed the tenants and moved back into the property. He has been paying the mortgage for around one year.
Customer: replied 1 year ago.
The deposit was £5000 and was given as a present from a relative and so neither of us contributed to it,

Thank you. Despite him paying the mortgage solely for the last year, this does not entitle him to the entire equity from the property and as part of a divorce you would be entitled to pursue a claim for a lump sum payment to transfer the title to his sole name, or for a sale of the property to realise your interest. Given your low income, if you are not able to meet your reasonable needs you are also entitled to pursue an application for spousal maintenance from him.

Initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

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

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