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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 was receiving advice fromCustomerbut then realised I lived in

Resolved Question:

I was receiving advice from JGM but then realised I lived in England he said he passed my question on to a colleague I then rated his work therefore closing the question. Will his colleague automatically contact me through my Email address
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
I have left my husband for his unreasonable behaviour. I have inherited some money from my mother a couple of years ago Is he able to demand a share of this money. I have purchased a caravan with my sister with some of the money he says he can go after anything that is mine because I was the one who left the marital home.

Optional Information:
Province/Country relating to question : Norfolk

Already Tried:
We have tried talking to sort this but he seems to think that he is intitled to what ever I own. we a have a property in Spain which is jointly owned and a joint bank account I have said we could split that 50/50 even though a good part of the money in the bank account is from my inheritence but I have no way of proving that.

Hi
My name is XXXXX XXXXX I shall do my best to help you - is the above the question that you need dealing with?
Clare
Customer: replied 3 years ago.

Hello Claire


Thanks for replying. Yes the questions above are the one I require an


answer to.

Expert:  Clare replied 3 years ago.
Hi Susan
How long did you live together and are there any children involved?
What is the value of the assets and debts?
What income do you each have?
Clare
Customer: replied 3 years ago.

We were together for 18 years and there are no children involved


We owe approx 18 thousand Euros on the mortgage on house in Spain but neither of us have any other debts (to my knowledge) we both own our own cars neither of which are really worth much probably £1000 each. We have approx 18 thousand Euros in joint account in Spain 15 thousand of this locked away in savings until May (most of this came from my inheritance. The house is worth approx 90.000 Euros


The caravan that I purchased with my sister with some of my inheritance my share is approx £15.000.


My husband has always been very secretive about how much he earns but I believe it to be approx £350.00 a week


I had a double heart bypass last year so was unable to continue with my job I now work partime on a 0 hour contract my hours vary from week to week but rarely go over 24 and in slack times have been as little as 16 and this is on minimum wage.


I hope this information helps you.


Expert:  Clare replied 3 years ago.
Hi
What about the matrimonial home?
Clare
Customer: replied 3 years ago.

We both live in rental accommodation the Property in Spain is our marital home for when we both retired. My husband has money in a pension which is currently frozen I have a very small pension due on my retirement

Expert:  Clare replied 3 years ago.
Hi
How much did you inherit?
Clare
Customer: replied 3 years ago.

Sorry in the delay in replying but I have been to work


My inheritance was just short of £50.000.

Expert:  Clare replied 3 years ago.
Hi
What do you want to happen with regard to the Spanish house?
Clare
Customer: replied 3 years ago.

He says he does not want to sell it but he cannot afford to buy me out. We have discussed this and have sort of agreed to split everything in Spain 50/50 I do not think I have much choice because it is joint names and I also want to be fair, I do not trust what he says anymore he has taken legal advice but has not told me what was said hence I need to get my own advice. I do not think I have any choice but to sell it because I will need my share to help pay my living expenses now I am on my own.

Expert:  Clare replied 3 years ago.
Hi
Will the divorce be here or in Spain?
Clare
Customer: replied 3 years ago.

Here we are both British

Expert:  Clare replied 3 years ago.
Hi
How much of the 15,000 euros came from your inheritance?
Clare
Customer: replied 3 years ago.

Approx 10.000 euros but I cannot prove this because I took it out of the bank a bit at a time and changed it into Euros some of which was used to pay the mortgage and other bills I never thought in a million years that I would have to start accounting for what money went where as far as I was concerned it was our money which is why I would share it 50/50 if it stops him going after what little I have left also if I still have items in the house which are mine that I had before our marriage (not valuable just sentamental) can he stop me from getting them also items that belong to other people)

Expert:  Clare replied 3 years ago.
Hi
The Court has no concern about who left the matrimonial home and as far as the Family Court is concerned whilst the starting point for the division of all the assets is 50/50 the court does have the discretion to divert from this .
It is not likely that the court will grant him a share of the assets purchased with your inheritance - although the money placed in the Joint Account is likely to be seen as assets available to be shared I am afraid
It is likely that the Court will order the sale of the Spanish property - although how it will be enforced in Spain is harder to Judge - but I would expect you to receive a larger share of the proceeds of sale instead of ongoing spouse maintenance
I hope that this is of assistance - please ask if you need further details
Clare
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