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 Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Hi I am married but we maybe about to separate, we have a house

This answer was rated:

Hi I am married but we maybe about to separate, we have a house together, but we don't have any minors as our children are all grown up! what I would like to find out is how would the ownership of the house work out as we are joint owner's? would it be a fifty! fifty! split? how would it be?
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends. 
Who has paid for the house?
Customer: replied 3 years ago.

we are both payees towards the mortgage but the actual payments is made through my wife's account

 




If there are no dependent children the starting point is 50-50.

That then gets adjusted depending on time married and need to
provide for children and who has them and unequal inputs.



 



For example a girl with nothing marries a millionaire and gets
divorced after 12 months. She wouldn't get 50%



 



If they had been married for 40 years but never worked she is
still unlikely to get 50% but would get a substantial chunk.



 



If he wasn't a millionaire and she worked and contributed, after
40 years she would get 50%, maybe more.



 



It isn't an exact science or calculation. The fact that a house
may now be in one name only matters not a jot. If one party put all the equity
in, say from an old house, that will adjust the split in their favour,
diminishing as time goes on.



 



"With all my worldly goods I thee endow" doesn't work in
law!.



This may be useful http://www.bbc-law.co.uk/divorce-finances-faq.php


Pensions also go into the pot.

 



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



Does that answer the question? Can I assist
further or answer any specific queries?

If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

 

The thread does remain open for me to answer follow-up questions
after rating my answer service.

Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.


Regards.

 

PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.

 

PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.




 

Stuart J and 3 other UK Law Specialists are ready to help you