How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

I have been with my partner years married lived together

Customer Question

I have been with my partner for 8 years married for 3years lived together for 5 years she was widowed from her 1st marriage left with 2 children now 26 and 22 who no longer live at home I have 2 children 16 and 17 who have lived with me for 8 years we moved in to her house 5 years ago getting a mortgage in her name only the house was valued at 154k the mortgage was 64k with which I built a 2 storey side extension taking the value of the house to 340k to 380k since
My wife will not put me on the mortgage even though I pay all bills and keep her to a good standard of living with 2 holidays a year wants for nothing pay all her bills
But does nothing for me lucky to have 1 meal a week prepared she works part time 3 days a week 6 hours a day she has hit me 3 times in our relationship and my children now resent her she has called me by her ex 3 times in the last 4 months no sexual relationship in the last 3 month before once a month if she felt like it
I wish to move on now as I can't see anyway back now as I have 2 sons to think of
What would I be entitled to
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the outstanding mortgage on the home?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
I'm 39 she is 50
No children together we have 16&17 year old living with us my sons
House only asset
Outstanding mortgage 60k house
My income 60k gross hers 16k
Expert:  Harris replied 1 year ago.

Thanks for confirming. As the home was the former matrimonial home, you have matrimonial home rights arising out of the marriage. This entitles you to continue occupying the property until divorce and you should consider registering this interest on the title using form HR1 to the land registry. She will be served with notice of this registration. Once registered, you interest will be reflected on the title and can delay or prevent any sale of the property. Furthermore, as part of any divorce there must be a financial settlement as there is equity in the property and substantial increase in the value due to your contributions as well as contributions to outgoings for the family.

You should also be aware that due to the disparity in your incomes, if she states she cannot meet her reasonable needs she would be entitled to seek spousal maintenance from you.

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

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.