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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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I want to divorce my husband for very unreasonable behaviour,

Customer Question

I want to divorce my husband for very unreasonable behaviour, defammation. I want him to pay for it all and we have a house that we eran income off, will I be ble to get payment for this. I have put substantially more into the household. He never opens his wallet. I am self employed and have recently purchased a business which is not making profit, I am unable to take a wage.
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?
What are the assets and debts worth?
Claire
Customer: replied 3 years ago.

4 years married and 7 years together.


 


My own house was remortgaged to purchase our house we live in with mortgage in join name 5years ago.


 


He had a mortgage on his house which was on 70% of it as rest owned by housing agent.


 


I put 207000 into our house with stamp duty included. value of property was 585000


 


His house we remortgaged to 181000 from the 90000 he had on it.purchased the remaining 30% value at the time 250000. He also had to pay off acharge on the property.


 


I think he gave me 8000 but I also had to get out a bank loan to cover everything at the time of the purchases


 


The house we live in and his house our in joint names. His house is rented out for income to pay the cost of the house we live in. He has moved his sons and girlfriends into the house and they are not able to pay the full rent. No bills are being paid at the moment and everything is in arrears.


 


During our marriage I have generally paid for most things.


 


There are no children

Expert:  Clare replied 3 years ago.
Hi
How much are all these properties worth now and what mortgages are outstanding
What income do you each have?
Claire
Customer: replied 3 years ago.


The rented out house is approx. £300000 and the one we have been occupying £620000.


 


There has been a lot of my financing my husband, he was out of work for 13 months and did not contribute to the household at the same time I was purchasing my business from my business partner. I have had to cash in my endowment and have a substantial loan to pay off. I am not on an income at the moment except for loan repayments, of £1000 pm.


 


I have a mortgage on my business. I have a house in my name only which is rented out for £900 per month which is my pension.


 


My husband earns about £2000 per month and the earning off our house which is rented should be £1300

Expert:  Clare replied 3 years ago.
Hi
What is outstanding on the mortgages?
Claire
Customer: replied 3 years ago.


They are all on interest only so the rented house is 181000 and the house we live in is 380000 approx. I paid the stamp duty on our house and majority of shopping some bills and insurances since the marriage. the house I rent out is 270000.

Expert:  Clare replied 3 years ago.
Hi
What capital did you actually bring to the marriage?
Claire
Customer: replied 3 years ago.

I had £35,000 in savings that went into the purchase of the properties. I had a total of £207000 which I raised by remortgaing my house and including the savings. that money went into the deposit for the house and the stamo duty on the house we live in at the moment.

Expert:  Clare replied 3 years ago.
Hi
Are you looking to keep the Matrimonial home?
Claire
Customer: replied 3 years ago.

Yes, I think im entitled to keep the home and I want to ensure that rent from the shared house should be awarded to me in some way as without my input aat the start of this he would never have got joint mortgage on the houses as he was in debt and had defaulted on his martgage and had a very poor credit rating. Since we have been married he rarly has paid his way and yet has managed to purchase a two motorbikes (he had a bike which I had bought him which was stolen) and a jeep. He has £18000 in savings from a redundancy


 


He has done nothing to help me finacially while I have fallen on harder times. It is clear that he only married me for the money and lifestyle I could offer me. He has repeatedly been on sex websites and dating sites. He lies all the time and has passed defammitory remarks to everyone he knows. I have devoted my life to him and am very strong on my marriage vows.

Expert:  Clare replied 3 years ago.
Hi
What income do YOU have?
Claire
Customer: replied 3 years ago.

Not really earning at the moment my business pays me £1000 per month loan repayment and I have 850 coming from my rented house which just covers the expense of it.


 


Business pays my petrol, I expect to take more income as the year goes on but I am ++£50 in debt

Expert:  Clare replied 3 years ago.
Hi
The short to medium length of the marriage means that the first aim of the court will be to try and put you each back into the financial position you were at the start of the marriage - so it woudl be reasonable for you to receive the Matrimonial home - but I am afraid that if you get that then it is almost certain that your ex will get the other property and there is no question of your having the rental from it
There is the possibility of time limited spouse maintenance - but from what you have said it is unlikely
However if you divorce him for Unreasonable Behaviour then there is no reason why you cannot claim the costs of the Divorce itself
However there will not be an order for costs in respect of any court case regarding the financial side I am afraid
However disappointing I hope that this is of assistance please ask if you need further details
Claire
Customer: replied 3 years ago.

Ok I understand, but what about the financial things I have put into the property etc. And can i sue him for defammation? Does a solisitor take money and then you get it back in divorce?

Expert:  Clare replied 3 years ago.
Hi
Do you mean the contents?
And which house?
Claire
Customer: replied 3 years ago.

Contents, shopping, bills paid. looking after him for no money while he out of work. Even though he had redundancy money. Am I entitled to any of his redundancy? All in the one we live in and also some in the rented house too.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but the courts will expect you to divide the Contents between you and will look at the overall picture rather that the detailed one - so if you are keeping the matrimonial home it is unlikely that you will get any lump sum from his redundancy
A Defamation Action costs many thousands of pounds and is unlikely to be worthwhile since it is accepted divorcing spouses often say bad things about each other
You will be expected to pay for the divorce up front and recover the costs if the court makes an order
Claire

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