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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33035
Experience:  25 years experience of all aspects of family law
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Dear Sir/Madam, Im about to file for divorce, and would like

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Dear Sir/Madam, I'm about to file for divorce, and would like to know my rights with regards XXXXX XXXXX in general, but specifically my car & cash invested in property & furniture. The car situation is, my mother in law has the finance on her name, the direct debit is taken from her bank account, but we electronically transferred the money into her acccount every month, without fail. I am the registered keeper, and there is about 1.5 years left of finance to pay off. Do I have a claim to ownership of the car, or at least half? My hope is that I can keep the car and just keep paying her mother every month (with a contract I will draw up between us), and they have no legal claim to force me to sell the car. Same situation with most of the furniture - finance was on her mother's name when we met, but after getting married, we paid her mother every month a sum to cover the payments from our joined account and it's all been paid off since. What are my rights in claiming half ownership? The property/furniture situation is, she owned the house before we met, but after getting married, we paid the mortgage from the joined account for the last 4 years - do I have a legal claim to half of what we paid into the mortgage?
Thank you for your question
My name is XXXXX XXXXX I will do my best to help you but I need some further information first
How long have you actually lived together; how much is the house worth and how much is outstanding on the mortgage?
How much is the car worth and how much is outstanding on the loan, what other assets and debts are and how much do you each earn?
Customer: replied 3 years ago.

Hi Claire, thanks for your response. We have lived together for about 4.5 years, 4 of which married for. We got married in South Africa, but permanently live in the UK. The House is 50% owned solely by my wife, 50% rented, with about £110k outstanding on the 50% owned, and house maybe worth £200-£250k. I do not expect any profit in the sale of the house, maybe even a loss - the loan she had was very high interest and we only paid the minimum mortgage premium every month. My car is worth £8-£10k (online valuation was £8100 a few days ago 'We buy any'), and about £5.5k outstanding. My wife has a car, as registered keeper as well, but her mother has the finance on her name - recently bought, and do not expect profit in the sale of her car, as the finance was combined with outstanding finance on the previous car. The other assets really compile of some savings (+/- £2k) and small goods (furniture, tv, etc.), all paid off. We both have pension schemes as core benefit of our employment, and there is also a £100k insurance policy on her life, held as a benefit as part of my employment. I earn £43k gross per annum, and she about £40k gross per annum. I'm entitled to an annual bonus of 5%-10% of my annual gross salary at the end of March every year, depending on company performance. We do not have any children. Please don't hesitate to ask for more details, if required. KR, Derek

Hi Derek
What capital did you bring to the relationship and can you not borrow the funds to pay the finance off?
Customer: replied 3 years ago.

Hi Claire, no capital brought into the relationship. Borrowing the funds to pay it off, is a possibility, but both our credit records were not the best at the time, hence the reason her parents helped with the finance. Not sure it would be any different now, but yes, is a possibility. With a question like that, am I to assume I have no legal rights in half of the property, or is it just your advice on how best to deal with the situation?

KR, Derek

If there is no equity in the property then there is no claim that can be made.
If there is equity then the short length of your marriage makes any claim you have small - you cannot ask for the refund of the mortgage payments that you have made I am afraid.
So far as the furniture is conferenced that should indeed be shared 50/50 between you
The car position is more difficult.
That you should each keep your car is reasonable HOWEVER it is not reasonable that her mother's name should remain on finance for your benefit and if you cannot pay it off then yes I think the court would order that it was sold.
Apart from that there is no further claim either of you could successfully make against the other given how well balanced your finances are
Clare and other UK Family Law Specialists are ready to help you

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