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What are we each entitled to in our divorce settlement?

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Deeds and stbx ''s 1st wife

  • langley13
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16 May 12 #330957 by langley13
Topic started by langley13
Hi can anyone advise me please on deeds as my solicitor has just called me and now I am totally confused. I was with my ex for 10 years married for 4 cohabiting for 6 = 10 and his 1st wife had committed adultry so he divorced her and she left the home in 1998, I moved in in 2001, we are now divorcing and because 1st ex was on deeds until we bought her out in 2007 is it right that I cannot claim equity for the period of the 10 years and can only claim since the period of buying 1st ex out of property? She never contributed any money to the house I in fact over the 10 years not only looked after her children on a day to day basis but also contributed £ 51,000 for which I can prove as only worked part-time. Can anyone please help me with this before I endevour to take my ex to court as I do not want to proceed if it is a waste of my time. Ex never would put me on utilities or mortgage. Thanks

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16 May 12 #330998 by cookie2
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langley13 wrote:

is it right that I cannot claim equity for the period of the 10 years and can only claim since the period of buying 1st ex out of property?

No, not true. In fact you don''t "claim" in this way at all. You do not get a payment based on the time you have been on the deeds.

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17 May 12 #331070 by langley13
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Thank you for your response but I wanted to know that if his 1st wife was on the deeds until 2007 could I claim on equity within that time? As she was on deeds does that prevent my claim? Thanks

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17 May 12 #331073 by cookie2
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langley13 wrote:

if his 1st wife was on the deeds until 2007 could I claim on equity within that time?

The question does not make sense. You do not "claim on equity" within any time. I think you have a fundamental misunderstanding on how financial splits in divorce work. The 1st wife''s ownership of the house will be totally irrelevant unless she is still a joint owner.

  • maisymoos
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17 May 12 #331077 by maisymoos
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I think you need to look at the whole situation differently.

You first need to determine what the matrimonial assets are to work out how to split finances fairly and this will depend on respective needs and affordability.

The current equity in the matrimonial home would be part of the pot of assets. I assume the first wife has no claim to a share of equity upon sale of the home in their financial settlement?

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17 May 12 #331095 by langley13
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Sorry I meant that we boought 1st wife out of property in 2007.

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17 May 12 #331098 by hadenoughnow
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langley

The financial settlement would be based on the value of the property NOW and the duration of the marriage - plus other factors such as children, incomes, pensions etc.

Hadenoughnow

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