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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16421
Experience:  I have been practising for 30 years.
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I wanted to ask a question about property law and family

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HI
JA: Hello. How can I help?
Customer: I wanted to ask a question about property law and family law
JA: Where are you? It matters because laws vary by location.
Customer: My property is in my name and bought by myself in 2013 london
JA: What steps have you taken so far?
Customer: So i bought the property and my husband is not named on the mortgage or the deed. he helped me by paying some of the deposit. He now threatens that he wishes for me to sell the house and take half of the price of what we make once sold. I have lived in the property as a council tenatn which is why we got a huge discuont on the house and also paid mortgage since we bought it.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: wheredo i stand? currently i have applied for a remortgage to renovate and build a loft extension. But i am worried that he could force me to sell the property to make me give him half>? no

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

how long have you been together and married in total?

does he contribute to any of the upkeep - decoration/improvements?

are you divorced or divorcing?

any children under 18?

Customer: replied 6 months ago.
Child aged 5
Married 8 yrs
Not divorcing but veyr difficult rel.
Used to contribute to household expenses now only paying gas/electric/council tax and internet bill/plus my phone bill for mobile and sky.
No other expenses paid for.

The court will not get involved in marital finances unless you have started divorce or legal separation proceedings.

It doesn’t matter whose name the house is in, you are married and therefore his financial claims exactly the same whether the houses in your name or his name or both names.

Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

You have a five year old child and assuming the child is going to live with you, then the sale of the house is not on the cards until the charge reaches 18, another 13 years.

Whilst your husband may get 40/50% in the 13 years, he may not want to wait that long and that gives you some leverage to pay him off with a much smaller amount now. Small amount now or 50% in 13 years? A good negotiating tool.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 6 months ago.
where do i stand as i currently i have applied for a remortgage to renovate and build a loft extension. But i am worried that he could force me to sell the property to make me give him half, if the relationship broke down in the mean time would i have to sell the property to give him half?

With a five-year-old child, I think he has more chance of winning the lottery than forcing you to sell the property, or give him half now.

Top of the considerations here is the child’s welfare and that is to have a stable roof and if that means that your ex is living in a bin bag, so be it. I am of course exaggerating to prove the point but that’s the way the court looks at it.

F E Smith and 5 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you that is very helpful. I do like the way you put it :)

I am glad to help.