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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33313
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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Hi I wonder if you can provide me with assistance. My husband

Customer Question

Hi I wonder if you can provide me with assistance. My husband has filed for divorce and as part of his settlement he has taken into consideration my rental properties which I purchased in my maiden name prior to marriage. Can the income and value of the properties be used as part of his argument in light of the law commission 2013 report
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How long have you lived together and are there any children involved?
Claire
Customer: replied 3 years ago.

We have been married 9 years together for 10 years. I have two chrildren age 11 yrs and 17yrs booth sen with statements at sen schools neither chrildren are his. His name first appeard on the council tax register after we married in sept 03. The last 6 properties I bought were in the May 03 in my maiden name. hope this helps. Sue. We separate in Oct 12

Expert:  Clare replied 3 years ago.
Hi
What assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.

My assets are as follows: 19 houses purchased in my maiden name prior to marriage. Valuation at auction approx. £45k each less sol/auction fees would be £42K each. There are no outstanding debts/mortgages associated with these properties.


Marital home (joint ownership) value approx. £600K with 2 rental properties on site with tenants in situe. Outstanding mortgage between £330K and £340.00


1 x property (joint ownership) value approx.£120K which is rented out.


My ex husband along with above also has ING a/c/ Investment bonds totalling £110K whereas my savings are depleting rapidly.


My income per year is approx. £25K and my turnover is between £70K/£80K per annum.


My husbands income per year is approx.£32.5K

Expert:  Clare replied 3 years ago.
Hi
What settlement has he asked for?
Claire
Customer: replied 3 years ago.

He has asked re. £250K settlement.


 


Can you also advise is you are aware of when the Law Commissions report on More about financial arrangements on divorce: a consultation on needs and non-matrimonial property will be made available and how will this reflect or what bearing will this have on my situation.

Customer: replied 3 years ago.

Also the marital home was my family home which I inherited, there was no outstanding mortgage on this property. A mortgage was taken out on the property and My husband was only added to this mortgage in 2004, following our wedding in 2003.

Expert:  Clare replied 3 years ago.
Hi
The Royal Commission Report is just that - a Report which at present has no force whatsoever
Yours is a medium length marriage at most which has produced no children
There is no issue of spouse maintenance either way.
You brought substantial assets the marriage - the bulk of which remained clearly in your name
It is almost certain that the court would give him half of the joint assets - so that leaves £65,000 "extra" he is asking for - or £175,000 if you count is investment which I assume that he is keeping
The query is of course how will the court approach the substantial assets in your sole name
They are not inherited assets BUT they clearly pre date your relationship and on that basis the court will approach things carefully.
I cannot say for certain that they will ignore those properties - but there are good arguments that you can put forward for doing so - but whether the saving will be worth the fees and the arguments is a more personal issue
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

The assets which I own in my maiden name were purchased through money which I inherited through the death of my parents - how do I stand regarding these assets as obviously this can be proved that although they are in my maiden name they were purchased using these funds.


Also my husband has kept an ING account with a balance of £30K. Although the account is in his name, I am able to prove the the funds came directly from myself. Does this have any bearing?


Lastly the Royal Commission report is due to go before Parliament in November 2013 - how long would you anticipate it would take once the draft bill is discussed in parliament before this comes into enactment?

Expert:  Clare replied 3 years ago.
Hi
You originally said that your ex has investment of £110,000 in his sole name - is the £30,000 on top of this?
If it is then the answer remains the same - if not then the chances of his getting what he is asking for are in fact higher
We are many years away from any change in the law on this - IF there is in fact ever one - I am afraid
Claire
Customer: replied 3 years ago.

The ING Account that I spoke to has £30K and on top he has his own investment bonds totalling £100K.


How then does this alter his chances as being higher.


So what is the usual process after the draft bill is heard in parliament.

Expert:  Clare replied 3 years ago.
Hi
If you meant that he has £30,000 not £110,000 then his chances of getting what he was asking for would have been higher as his capital position would not have been as good - since it is in fact in addition it strengthens your argument for keeping the Properties intact.
The passage of a Bill is described here
http://www.parliament.uk/documents/commons-information-office/l01.pdf however please note that as yet there is no commitment to even a draft Bill
Claire

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