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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband and I have recently separated for a 6 months trial

Resolved Question:

My husband and I have recently separated for a 6 months trial separation. He went back to Aberdeen (Scotland) as we have a house there in his name, while I continue to live in Holland. We have another property in England which is about to be sold, and my husband informed me that once it is sold, he intends to pay off the mortgage on the Aberedeen property, which means he will have no mortgage to pay, whilst I still have all the running costs of our house in The Netherlands. I told him that I do not agree to this and he said he will do this anyway. The property in England is in his name and so is the house in Aberdeen. We have been married for nearly 13 years and have been together for 15 years. Can he legally take the money from the sale of the property in England and pay of the mortgage in Aberdeen without giving my half the sale value of the house?
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

THanks for your question.

The starting points for UK divorce and matrimonia; settlement is that each party should be entitled to half of all the matrimonial assets, though this can be rebutted under a number of circumstances, chief among them one party having residence of minor children and therefore entitled to receive a higher percentage of the assets.

A marriage of your length would be considered to be a "long marriage" which means that the assets of both parties aquired before marriage would be included in the asset pool to be settled.

If he were to sell the UK property and pay off the mortgage on the Aberdeen property then you would be entitled to have this accounted for in settlement. You would still be entitled to 50% (if no other circumstances apply) even though he has shifted the money in to paying off the mortgage.

If the property that is being sold in the UK is jointly owned by you both then it cannot be sold without your signature in any event and the conveyancer selling it would only transfer your share of the proceeds of sale as you direct.

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Kind regards,

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