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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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MY HUSBAND & I ARE DIVORCING AFTER 28 YEARS. WE OWN A JOINT

Resolved Question:

MY HUSBAND & I ARE DIVORCING AFTER 28 YEARS. WE OWN A JOINT PROPERTY WITH JOINT MORTGAGE THAT FINISHES NOVEMBER 2011. IN ADDITION TO SAVINGS, ETC, WE ALSO HAVE AN APARTMENT WITH A MORTGAGE IN MY HUSBAND'S NAME ONLY, BUT PURCHASED DURING OUR MARRIAGE 15 YEARS AGO.

WE ARE CURRENTLY EVALUATING OUR ASSETS FOR THE PURPOSE OF DIVIDING, BUT MY HUSBAND HAS NOT INCLUDED THE APARTMENT IN THIS REVIEW, ON HIS ASSUMPTION THAT THIS IS HIS PROPERTY AND NOT PART OF THE DIVORCE PROCEEDINGS. UNDER UK LAW, IS THIS PROPERTY NOT JOINT?
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.

Hi,

 

There is a presumption of an equal split of all the matrimonial assets in a marriage of this length, unless (generally) one party is to have residence of dependent children, the parties have considerably different earning powers or require more income because of health reasons.

 

Though this is in his sole name it should be included in the calculations of matrimonial assets/liabilities over which you should seek a settlement.

 

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Kind regards,


Tom

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