Buy to let property -Can my wife claim on this asset and take equity??

[tonyuk]

Hi everyone,

I have quick question to ask you, I am thinking about filling divorce.

I have 1 house which is in joint name with me and my wife.

And I have 1 house in my sole name which is buy to let on mortgage. I paid £40k deposit which my father gave me.

So,I have 2 questions :

1. " Can my wife claim on my buy to let property, as it has 40k equity., can she claim that?"
   
   
2. And I understand She can claim on our own house where we living, she can have half money after clearing mortgage, Is that right?
   
   Thanks

[Allthebestnamesareused]

Yes all your assets and all her assets whether they are solely owned or jointly owned would be considered to be marital assets when the court decides how to split the assets.

This includes any savings, properties and pensions.

The general assumption would be a 50/50 split but there are factors that are taken into account including the length of the marriage, any children, whether one of you gave up work to care for children etc.

So the basic answer is yes she may have a claim over that property too.

[MonkeyJumping]

Yes all assets go in the pot and a court decides how to split them up. Having it just in your name makes no difference.

[Queeniebed]

So is your other topic trying to get ammunition as to why you are hard done by? I will say that the grammar is much better in this post.