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My husband wants a divorce after 16 years of marriage .. Am…

Customer Question
My husband wants a divorce...
My husband wants a divorce after 16 years of marriage ..
Am i entitled to money from his share of another house that he part owns ,
also dose his pensions come in to account ?
He wants 40k added to the morgage as settlement ..and will carry on payin the morgage until i find someone to buy him out ... dose that 40k come out of his share of the house when sold ?
i only work part time term time only to look after our 3 children ...
Submitted: 8 years ago.Category: UK Law
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Answered in 22 hours by:
6/30/2010
Solicitor: F E Smith, Solicitor replied 8 years ago
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,817
Experience: 30 years in General Practice
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Is your husband the sole owner of both properties or do you own the properties in joint names or as tenants in common?
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Customer reply replied 8 years ago

we both have our names on the morgage of the house im in with our children ....

the other house was signed over to him and his 3 brothers with a quarter share each ...

Solicitor: F E Smith, Solicitor replied 8 years ago

Good afternoon,

 

All assets acquired during the marriage are regarded as assets of the marriage and therefore you are entitled to a share of the other house, the house that you live in and a split from his pension. I'm afraid that I cannot guide you on figures. You mentioned £40,000 but it is impossible for me to calculate if that figure is correct without knowing all the relevant figures.

 

What you should do is go and see a family solicitor as soon as possible to get formal advice for which an initial interview may well be free or for a fixed fee and you may be entitled to legal aid dependant on your means. Good luck.

 

 

Best wishes.

F E

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Customer reply replied 8 years ago

The 40K that i mentioned .. he wants that added to our morgage as a home improvement lone now so that he can ' rebuild ' his life and then will carry on payin the morgage until i find a new partner .. how will that work when the house is sold ... will that 40k be taken out of his share ....

my home is worth about 230k the morgage is at about 94k

 

Solicitor: F E Smith, Solicitor replied 8 years ago

Good afternoon,

 

I would advise you that you should not agree to increasing the mortgage. If the property is in joint names as you say it is then this is a joint and several liability.

 

As your relationship is insecure he could very easily not maintain the mortgage payments which would leave you to be pursued by the mortgage lender which would not be in your interest. It would also increase the liabilities.

 

As you are only receiving part time earnings you may receive legal aid but this would depend on the capital situation as it would appear there is equity in the properties. I would urge you to see a solicitor as soon as possible. Good luck.

 

 

Best wishes.

F E

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