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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family law

Customer Question

Uk,England-Can a spouse who is discharged bankrupt and as result lost his one half share of all matrimonial assets at that time claim on remaining assets which solely belong to wife and remain in her name
Submitted: 4 years ago.
Category: Family Law
Expert:  Fran-mod replied 4 years ago.
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Customer: replied 4 years ago.
Yes I would like an answer
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Expert:  Clare replied 4 years ago.
Hi
How long have they lived together and are there any children involved?
How long ago was the bankruptcy?
Claire
Customer: replied 4 years ago.
26 years children over 18 still live at home
All assets in wife s name
His half share of house went in bankruptcy 5 years ago
No increase in value of property she bought with her half share since bankruptcy
He also held the majority of family money in his name investments
It all went
He had 5 x the assets she held at the time.of the bankruptcy

He also threatening maintenance claim
Expert:  Clare replied 4 years ago.
Hi
What are the current assets worth and how much do they each earn?
Claire
Customer: replied 4 years ago.
She earns 40 thousand
He earns nothing
Current house value 200 000 no mortgage
She savings about 50 000
Expert:  Clare replied 4 years ago.
Hi
What is his work capacity?
Claire
Customer: replied 4 years ago.
He says bankruptcy means can't get work because was a company director
He has chartered surveyors qualifications
Expert:  Clare replied 4 years ago.
Hi
How old are they both?
Claire
Customer: replied 4 years ago.
49 and 50
Expert:  Clare replied 4 years ago.
Hi
How much was lost in the Bankruptcy - and what caused it?
Claire
Customer: replied 4 years ago.
700k
poor tax advice from accountant
Expert:  Clare replied 4 years ago.
Hi
Have any assets been acquired since the bankruptcy - and has the house increased in value since then
Claire
Customer: replied 4 years ago.
House not increased in value at all
As said this house in sole name of wife bought after bankruptcy from her share of previous house ie what was left
Expert:  Clare replied 4 years ago.
HI
Despite the bankruptcy I am afraid that her husband is going to get something from the assets.
Not 50% or anything at all close but the court will I fear feel that he is entitled to a lump sum to enable to establish himself elsewhere.
Unless he has a disability it is unlikely that he will also receive maintenance - bankruptcy does not exclude him from making a living although it may limit the choices that he has.
As a very rough guide maybe £25,000 to £35,000 but that is only the very roughest of guides
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
A discretionary trust was set up for the children after the bankruptcy with most of the wife's savings as she feared he would go for that once discharged
He says he is entitled therefore to more
Anyway,am I correct in thinking had she divorced him at the bankruptcy h d get nothing because of his conduct with the family money
Expert:  Clare replied 4 years ago.
HI
How much is in the trust?
Claire
Customer: replied 4 years ago.
Not sure,say 100K for Uni education lasts til 25 I think then they get money
He knew of this, she made sure he was told in writing

Expert:  Clare replied 4 years ago.
Hi
Is the Trust secured fully for the children?
Claire
Customer: replied 4 years ago.
Yes
Expert:  Clare replied 4 years ago.
Hi
Then it is unlikely to make a difference to the figures I outlines
Claire

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