How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27770
Experience:  25 years experience of all aspects of family law
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Dear Sir/Madam, Im about to file for divorce, and would like

Resolved Question:

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?
Submitted: 10 months ago.
Category: UK Family Law
Expert:  Clare replied 10 months ago.
Hi
Thank you for your question
My name is XXXXX XXXXX X 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?
Claire
Customer: replied 10 months 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 car.com'), 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

Expert:  Clare replied 10 months ago.
Hi Derek
What capital did you bring to the relationship and can you not borrow the funds to pay the finance off?
Claire
Customer: replied 10 months 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

Expert:  Clare replied 10 months ago.
Hi
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
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27770
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    758
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    404
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    394
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    284
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    226
    LL.B (Hons), Higher Prof. Dip. Law & Practice