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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13425
Experience:  25 years experience of all aspects of family law
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I bought my flat with my savings while we were living together

Customer Question

Hi I bought my flat with my savings while we were living together , moved in together shortly after and have been living together for 10 years and married for the last 4 years with no children , she earns 60 & I earn 30 k , we only paid interest the whole time no repayment , no children , what happens to flat ?
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
Flat is worth 800k , mortgage 312 k
Expert:  Stuart J replied 1 year ago.
Can we have the full background details here what exactly it is that you want to know about this?What contributions has she made to the property?Is she trying to make a claim on it?
Customer: replied 1 year ago.
We are talking about divorce and she believes she is entitled to half of the property, she has made contributions towards furniture and other household goods and living cost but no repayment made towards to mortgage and interest has been lot lower then rental value of the property.
I would like to know how much of the flat ( or rough idea in your professional opinion ) she claim if she is entitled
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Stuart J replied 1 year ago.
If you were not married she would have very little claim on the property unless she has contributed towards the fabric or the capital repayment which, from what you have said does not appear to be the case.However you have been together for 10 years and although only married for 4 of that, the period that you were together would be taken into account. That is getting into the realms of being a long marriage.If she hasn’t contributed towards the property during the period of the marriage, it’s unlikely that she’s going to come out with half of the property however she is going to come out with a substantial chunk of it so don’t expect her away with nothing and you get the property.However there is a deal to be done here because if she has money and savings and pension you could put a claim on those. It really is a case of lumping all the assets pension savings et cetera into the pot and then doing a division.I see the you have asked for a live telephone call. I would submit that to you as an additional service for which there is an extra cost.
Customer: replied 1 year ago.
Any rough idea of how much is that substantial chunk , she has a pension plan from work and prospering career, I am self employed ( and own a third of commercial lease ) with no pension plan and struggling business, she earns more than I do would those give you a better idea , thsnks
Customer: replied 1 year ago.
No savings of both parties
Expert:  Stuart J replied 1 year ago.
There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading.. http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long and http://www.familylawweek.co.uk/site.aspx?i=ed33597 and http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html Because of the amount that you both earn, I think it’s unlikely that you would get spousal maintenance from her but that’s not to say the you can’t threaten the application to get her to play ball with the house And here is an interesting and informative article with regard to the division of finances in general http://www.lawteacher.net/family-law/cases/financial-matters-on-divorce.php Of the house, I think you’re probably looking at about giving her 40% assuming that she had nothing else whatsoever