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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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I'm pre-empting a possible separation and divorce this year, hence the
question. As I've been married for approx 10 years I assume that she will be entitled to/ ask for, half the equity of the house. Now as I've paid for all the bills of the house (mortgage etc), is she still entitled to half? If (as I suspect) she is, what opportunities do I have to minimise my losses? Thanks JT |
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#2
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In article , "James T"
says... I'm pre-empting a possible separation and divorce this year, hence the question. As I've been married for approx 10 years I assume that she will be entitled to/ ask for, half the equity of the house. Now as I've paid for all the bills of the house (mortgage etc), is she still entitled to half? If (as I suspect) she is, what opportunities do I have to minimise my losses? A few questions as to the background: 1. Are there any children involved - if so, whose and how old, and who is their primary carer? 2. Whose name(s) is the house in? 3. Whose name(s) is the mortgage in? 4. Has your wife been in paid employment (inc self-employment) over the years and if so what have her earnings been spent on (for instance food, clothing, holidays etc for the family in general)? 5. Have you a joint bank account through which household bills are paid? 6. Have you separate bank accounts instead or additionally (for instance personal 'pocket money' accounts to spend on your respective hobbies/interests)? 7. When the house was bought did either/both of you provide towards the costs of the house (deposit etc), the purchase bills for the house, the furniture and appliances for the house etc. Did either of you use the proceeds from the sale of their previous home to put towards the pourchase price of the current one? 8. Is it likely that if you do split up you will both move to other homes, or is it likely that one or both of you will want to remain living there (perhaps buying out the share of the other)? 9. Are either of you disabled, or full-time carers for an aged relative or disabled child etc? 10. What (roughly) are your and your wife's current ages (for instance, 30s, 40s, 50s, 60s etc)? |
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#3
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Hi Pat
thanks for your quick and comprehensive reply 1. Are there any children involved - if so, whose and how old, and who is their primary carer? No children involved 2. Whose name(s) is the house in? Joint ownership 3. Whose name(s) is the mortgage in? Again joint 4. Has your wife been in paid employment (inc self-employment) over the years and if so what have her earnings been spent on (for instance food, clothing, holidays etc for the family in general)? Her earnings have been spent on food for us, and the rest is her "pocket money" 5. Have you a joint bank account through which household bills are paid? It is a joint bank account, but only my wages paid into it 6. Have you separate bank accounts instead or additionally (for instance personal 'pocket money' accounts to spend on your respective hobbies/interests)? Additional account each for Hobbies etc 7. When the house was bought did either/both of you provide towards the costs of the house (deposit etc), the purchase bills for the house, the furniture and appliances for the house etc. Did either of you use the proceeds from the sale of their previous home to put towards the purchase price of the current one? She had a mortgage for her previous house for £26k and sold it for £60k to help fund this. I helped furnish the previous house. The house when we bought it was £68k, but is now worth roughly £160k. 8. Is it likely that if you do split up you will both move to other homes, or is it likely that one or both of you will want to remain living there (perhaps buying out the share of the other)? I would like to stay here, so buying out is the option I would probably look at 9. Are either of you disabled, or full-time carers for an aged relative or disabled child etc? No 10. What (roughly) are your and your wife's current ages (for instance, 30s, 40s, 50s, 60s etc)? We are both in our 30's After speaking to a friend who has just been through this, and he not only had to buy his wife out for the tune of £80k; but she has also had it written into the contract to take a share of his pension when he retires. Thanks for your time Pat JT |
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