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Maverick, Advocate
Category: UK Law
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Experience:  20 years proefessional experience
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There was domestic crisis and I packed out of the house. My

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there was domestic crisis and I packed out of the house . My wife lives in the house and refused to leave so that we could put the house on sale or rent it out . She has been finding the money to pay the mortgage., now am filing for divorce. How will the profit of the property be divided . She has paid more money than I have but she has live in this house and indirectly benefited, so will court take into consideration of her occupation of the house during the share of profit on the property

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Thank you for your patience.

Assuming this home is marital property (it was purchased during the marriage) it doesn't matter who made what payments on the home. In the absence of an agreement for the division of the property, the court will divide the property either in an equitable (fair, but not necessarily equal) manner if in an equitable property state or equally if you live in one of the few community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). In other words, if one party wants to remain in the home, they'll have to pay an equal amount in equity to the other party. If they cannot do so, the court will order the home sold and the proceeds divided after the mortgage, if any, is paid off.

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Customer: replied 8 days ago.
Am a British citizen and want to find out if my case is answered under the British law ,what is your definition of equitable division of the profit. Assuming the property was sold for £300000 and the mortgage balance is £200000 and my wife paid £ 20000 while my total payments is £14000 and my wife lives in the property for the past eight yrs, how will the court calculate a fair share of the profit under English law .

My apologies -- I didn't see this was UK. It was posted in the United States legal category. I will ask a moderator to move this to the UK legal category so that a UK expert can properly address your question pursuant to your laws.

Kindly do not reply to this message as it will only send the question back to me to answer potentially delaying another expert being able to help you. Thank you.

Customer: replied 8 days ago.
Thank you for your sincere help

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

The judge will decide on the division of assets based on how long you’ve been married as well as your:

  • ages
  • ability to earn
  • property and money
  • living expenses
  • standard of living
  • role in the marriage; for example, whether you were the breadwinner or primary carer.

The judge will decide on the fairest way to divide the assets and each case is considered separately.

In your case, let's assume a profit of 100000. One possible way for the court to divide this would be on a ratio of 20/34 for her and 14/34 for you. The reason that a court might not decide to take into account that she lived there and had the benefit to use the property since you moved out is because you did not apply for separation and request a financial order at the time of moving out. This is just one possible outcome. However, if you can come up with a fairer outcome, the court may entertain and order that one instead. Much depends on how the court exercises its discretion.

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Customer: replied 8 days ago.
Maverick , my wife is at a big advantage to get huge sum of money because my two children she lives with them the last one is 18
Do you think is the right time to go in to file my divorce or wait further

1. Child maintenance payments usually stop when the child reaches 16 (or 20 if they’re in full time education up to A-level or equivalent).

2. The collection of child maintenance arrears is not time-limited in the same way as ordinary civil debt. Only arrears accrued before 2000 and not subject to a liability order are subject to the six years statutory limitation period. In the vast majority of cases in England the parent is still expected to pay child maintenance, even if he or she is declared bankrupt.

3. Since there is a possibility that filing for divorce now may cause the other parent to apply for child maintenance, you may want to wait till all children who are in full time education turn 20.

Maverick, Advocate
Category: UK Law
Satisfied Customers: 5749
Experience: 20 years proefessional experience
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