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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2657
Experience:  Freelance Solicitor at Self Employed
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I would like to know a summary of my legal standing in terms

Customer Question

I would like to know a summary of my legal standing in terms of my marriage, separation and divorce in terms of the house that I have been cohabiting. I have lived with my partner for 7 years and married for 6 years. My partner owns the house outright and no pre-nups were completed before the marriage. I have been contributing to the house financially during the whole of my stay, except for 5 months last year when I wasnt working due to my contract ending due of COVID.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not at this stage, I need to understand my rights financially in terms of the house or a financial settlement if applicable.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Yes Wiltshire, however I am looking for some initial guidance.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not at this stage.
Submitted: 10 days ago.
Category: Law
Expert:  Vineet S replied 10 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 10 days ago.

Hi there,

Assets are either:

  • matrimonial assets - money and property you or your ex acquired during your marriage

  • non-matrimonial assets - money and property you or your ex acquired either before or after our marriage

The matrimonial assets gets divided equally between the parties at the time of divorce, however, there are no hard and fast rules regarding division of assets on divorce. When dividing assets the Court, takes into account of various factors which are known as Section 25 factors (Section 25 of the Matrimonial Causes Act 1973).

These factors includes:

  • Income and earning capacity, property and other financial resources that each spouse has or is likely to have in the foreseeable future.

  • The financial needs, obligations and responsibilities, which each spouse has or is likely to have in the foreseeable future.

  • The standard of living enjoyed by the family before the breakdown of the marriage.

  • The ages of each spouse and the duration of the marriage.

  • Any physical or mental disability of either spouse.

  • The contributions that each spouse has made or is likely to make in the future to the welfare of the family.

  • The conduct of each spouse, if that conduct is such that it would be unfair to disregard in the opinion of the Court.

  • However, the first consideration before looking at any of these factors will be the welfare of any children of the family.

Expert:  Vineet S replied 10 days ago.

Regarding the home, First thing to do here to get the home valued. That will give you an idea of how much you would get if the property were to put it on the market. you can work out the equity you share in the property by subtracting the sum left outstanding on the mortgage from the value. And it’s this amount that you’ll split - typically in half. But, ultimately, the amount you both get could depend on other factors (like how much you both put into buying the house/and mortgage repayments.)

Expert:  Vineet S replied 10 days ago.

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 10 days ago.
OK I dont have any Children with my partner and therefore this will not present welfare issues. As mentioned my partner bought and paid for the property before I moved in although I have financially contributed over the last 7 years. Would I be entitled to anything via court or negotiations?
Expert:  Vineet S replied 10 days ago.

Is this property is in joint names or solely held by your husband?

Expert:  Vineet S replied 10 days ago.

If you and your partner are legally married or in a civil partnership?

Expert:  Vineet S replied 10 days ago.

Unmarried couples do not have same financial rights as married couples.

Unmarried partner can only make claim on the house ,will depend on the factors whether they are a joint owner, or whether they have contributed towards the purchase, mortgage or repair of the household.

Married couples have equal rights in the matrimonial assets and can ask for half of the equity from their matrimonial house.

I hope this helps.

thank you for using Just Answers. Best wishes.