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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28597
Experience:  25 years experience of all aspects of family law
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I am starting the divorce petition towards my husband, who

Resolved Question:

I am starting the divorce petition towards my husband, who has been violent and abusive. I fell into serious depression about 2years ago and I am in a recovery and I even started to work as beauty therapist from home, I don't earn a lot, just about gross 900pounds a month. He earns 39k annum.

He has recived a letter from court yesterday with 'non molestation order' , which I have applied for.

Now we are still living in a same house and trying to sell the house. The house is on the both name. We have valuations and we have some equity.

He is demanding to take more share on equity of the house than me as he had been paying mortgage. Is it applicable?

Or can I demand more share or lamp sum on the ground that he has been abusive and caused me depression? It resulted I could not carry on working for a company and left the job two years ago.

Thank you.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question.
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and are there any children involved?
Claire
Customer: replied 1 year ago.


Hi Mortgage outstanding is 200,000, and the valuation of the house was 235,000-250,000.


 


We have shared debts for 6000, and others are all individual, I have 3000 credit card, he said he has about 11000 debts on his name.


 


No children involved.


 


Thank you.

Expert:  Clare replied 1 year ago.
HI
How long have you lived together and how was the house purchase funded?
Claire
Customer: replied 1 year ago.

We have lived together for 12years, but current address(mortgage) for 7years.


My parents contributed the deposit of the house about 15000.


 


My husband has been paying for the mortgage.

Expert:  Clare replied 1 year ago.
HI
May I ask how old you both are?
Claire
Customer: replied 1 year ago.

My husband is going to be 50 on 25th April.


 


And I am 41years old.

Expert:  Clare replied 1 year ago.
Hi
Given the length of your relationship the starting point for division of the equity is 50/50 - but YOU may get a slightly larger share (55/45 or 60/40 possibly more) to reflect the substantial deposit from your parents
The fact that he has paid the mortgage will not be seen as relevant - nor sadly will his contribution to your mental state, however the substantial difference in your incomes means you are potentially eligible for ongoing spouse maintenance and this will again help you claim a larger share of capital in order that he can avoid that liability.
I hope that this is of assistance to you
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28597
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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