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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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Have been married for 3½ years (since May 2011) to somebody

Customer Question

Have been married for 3½ years (since May 2011) to somebody that is bipolar/mildly schizophrenic. During that time life has gotten a lot worse, mental abuse and verbal aggression with me slowly losing my confidence more and more. Now at the stage where I can take no more, can you give me a bit of an idea as to what a divorce settlement would be as I am being told I will gain nothing and threats to follow that. Possessions listed below;

Myself I run a business netting approx £12 - 15,000 per annum. I own a cottage worth approx £140 - 150,000 which carries a mortgage of around £90,000.

My husband is employed with a salary of around £17,000 per year. However since we have been married he has been given 3 properties fully, no mortgage attached to any by his mother (part of the problem). All of which are in his name only inclusive of the marital home. 2 of the houses are rented out for an income for my husband.

Values to each are approx £275 - 300,000 marital home. (purchased July 2011)
House number 2 purchased November 2011 worth £185 - £200,000.
House number 3 purchased summer 2013 worth £190 - 200,000.

He received an inheritance payout this year of £100,000 with further to come up to roughly £50,000. Problem is there is a lot of family money, down the line he is set to inherit a lot but they see it as family money only so I would be up against a lot of opposition, 1 of which is a solicitor.

When the inheritance arrived my husband suggested selling my older car and purchasing me a newer second hand paying outright. Now realise that was put on credit, he is paying that monthly, do I also lose the car. literally he likes to control all.

I am at home allowed to pay for shopping every week and telephone bills, tv licence but he has been very clever in keeping me off utility bills. Really it feels like no partnership at all as I am more than happy to contribute further.

There are no children involved.

Many thanks
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 long have you actually lived together and which of the properties do you live in?
Clare
Customer: replied 3 years ago.

Hi


 


We have lived together since beginning of June 2009 initially in my cottage in Pewsey where he did pay me towards the mortgage and then since July 2011 in Property 1 of his that his mother purchased for him.

Expert:  Clare replied 3 years ago.
Hi
Can you move back to your cottage?
Clare
Customer: replied 3 years ago.

I could but I don't want to, it is occupied by my brother.

Expert:  Clare replied 3 years ago.
Hi
How long has he lives there?
Has he got a tenancy agreement?
Clare
Customer: replied 3 years ago.

Yes for another 11 months

Expert:  Clare replied 3 years ago.
Hi
The relatively short length of the marriage and the fact that all the assets came from Inheritance or a direct gift to him for his mother means that your claim on the properties is limited in the extreme I am afraid
The total assets excluding the inheritance are £750,000 and it is likely that the court would see an 80/20 division as suitable as it will leave you with a mortgage free property - so he woudl have to pay you sufficient to pay off the mortgage on your cottage
You may get a little extra - 5% or so but it is unlikely that you will get more than that
I hope that this is of assistance - please ask if you need further details
Clare

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