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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
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 19 years. My husband as been having

Customer Question

I have been married for 19 years. My husband as been having an affair. We live together on a farm which is owned by my husband and his Mum. I have not financially added to the farm and I do not work on the farm. My husband runs the farm. We do not have any children.  If we have a divorce, what will I be entitled to ? I have a large amount of money (from a previous marriage) that I could buy another house with or does my husband have to buy me another house ?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the Farm worth and is it shared equally by your husband and his mother.
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi Clare


The farm is worth £750.000 approx. The farm is shared equally between my husband and his mother. Other assets are I have £200.000 from a previous marriage in my name. A Ranger Rover worth £20.000 in my husbands name and my car worth £8.000 in my name. We do not have any debts. I finished work this year so do not have an income. My husband takes about £1500 a month for his wage. Most of my husbands wage is used to pay bills for the house and purchase food.

Expert:  Clare replied 3 years ago.
Hi
How old are you both and what pension provision is there?
Clare
Customer: replied 3 years ago.

I am 60 years old. My husband is 52 years old. I have a private pension that I pay £50 a month. My husband also as a private pension that he pays £50.00 a month

Expert:  Clare replied 3 years ago.
Hi
How much are the pension funds worth?
Clare
Customer: replied 3 years ago.

Both of our pensions are worth £50.000

Expert:  Clare replied 3 years ago.
Hi
Was the farm inherited?
Can he raise any capital?
Clare
Customer: replied 3 years ago.

The farm was purchased by his Mum and Dad. His Dad as now passed away so his Mum and him are partners. He could raise capital if he sold some land or animals.

Expert:  Clare replied 3 years ago.
Hi
Given the length of your relationship the starting point of the assets is 50/50
However courts do treat inherited assets in a different way and farms are notoriously hard to divide
On that basis I think it is unlikely that he will be ordered to pay you £75,000 - or anything close.
It is difficult to assess exactly how much it would be - you clearly have sufficient to rehouse yourself which makes your needs more limited.
A lump sum payment payable by instalments might be a possible option.
I hope that this is of assistance - please ask if you need further details
Clare

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