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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33284
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 have been married for 22 months and want to petition for

Resolved Question:

I have been married for 22 months and want to petition for divorce on grounds of unreasonable behaviour. The house is in my name for 6 years previous to getting married and is now in negative equity, I dont have any other assets or savings, just debts, there are no Children and no joint bank accounts, she didn't pay any house keeping and works full time, can you tell me what she is entitled to?

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 much is the house worth and how much is outstanding on the mortgage?
How much are the other debts and what income do you each have?
Did you live together prior to the marriage and if so for how long?
Claire
Customer: replied 3 years ago.

Hi Claire, I think the house is worth £110k and mortgage is £168k, we lived together for about 18 months before, my debts are about £30k and income is £42k compared to £18k, she never paid anything towards the house or bills. Thanks

Expert:  Clare replied 3 years ago.
Hi
Are any of the debts joint debts?
Claire
Customer: replied 3 years ago.

No, everything was seperate, no joint accounts at all. Thank you.

Expert:  Clare replied 3 years ago.
Hi
Were any of your debts used for Family spending?
Claire
Customer: replied 3 years ago.

I got a personal loan to consolidate debts of the wedding and other cards that I had ran up during the marriage. Thanks

Expert:  Clare replied 3 years ago.
Hi
Is that all of the £30,000 - and can you prove that?
Claire
Customer: replied 3 years ago.

Probably can prove some of it. Also, I am in a final pay pension since Feb 2008 can she get any of that for the time I have been with her? Thanks

Expert:  Clare replied 3 years ago.
Hi
That is helpful
the length of your relationship give her a clear financial claim - not a large one but a financial claim none the less.
There are no assets and the house is in considerable Negative equity so there is no risk there.
However her lack of capital and the considerable difference in your incomes could tempt a court to make a limited time and amount spouse maintenance order
However the fact that the not inconsiderable debt you are carrying was used for joint spending should assist you
The worst case scenario I can envisage - given her small claim on the pension as well (half of 2 years worth)as well is that you will be ordered to pay her £1000 to £2000 at most
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Hi Claire

 

Thank you, XXXXX XXXXX it that's a one off opposed to monthly payment of £1-2k with time limit on how long to pay and is the pension claim 50% of the contributions for the 2 years married or 50% of the payout for the 2 years married.

 

Finally, I wonder if you could please change the question to 11 months and 15 years for the house to change the question enough so that no one could associate it to me?

 

Thank you

Expert:  Clare replied 3 years ago.
Hi
Sorry - yes that would be lump sum payment in full and final settlement.
Her claim on your pension is for a percentage equal to half of the years you married over the years you were paying into the pension so 2/15 etc
I cannot change anything HOWEVER if you ask customer services they can lock the question for you!
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33284
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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