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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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HiI have a question about my financial rights concerning

Resolved Question:

Hi I have a question about my financial rights concerning the end of my marriage. I have left my marital home and have got rented accommodation. My husbands owned his home for 5 years before I met him and he also works there, having commercial buildings on the land. We were together for 10 years (married 8), have two small children 3 and 6. My husband told me that his solicitor advised him no court would make him sell the house to give a divorce settlement because he works from home, and would go out of business, because my name is XXXXX XXXXX the deed or mortgage. Currently he is paying £250 a month maintenance. I am self employed and my monthly income is barely convering my rent etc. Where do I stand? he has no money to buy me out. If I force a divorce I fell I may get nothing. Also currently while we are still married if anything were to happen to him I feel his family would take over the home and where would I stand then?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could the business be run from anywhere else?
What income does the business have
Clare
Customer: replied 3 years ago.

hi


he could run it elsewhere if he rented a factory / workshop but I doubt he could afford it, also he has a commercial let on the land so it would be putting another company out of business too.


the business has a relatively low income, with income/profit figure of around 32k last year


one of the converted barns is his furniture showroom and he is in the process of applying for planning permission to do a residential barn conversion


I too don't think he could be forced to sell and ii don't want to force that situation either, we have 2 small boys and years of communicating to do.what I am wondering is if we do stay married but separated will that keep my entitlement to the property? and if we divorce can he be made to buy me out even if that means borrowing the money to do that. Currently he is saying he has no money and its to feasible to sell so I have left with nothing.

Expert:  Clare replied 3 years ago.
Hi
If the Conversion goes ahead he will he be selling the Barn?
Clare
Customer: replied 3 years ago.

yes selling it converted or just selling it with planning permission

Expert:  Clare replied 3 years ago.
Hi
How much will it be worth?
Clare
Customer: replied 3 years ago.


if sold with planning maybe 100k - 120k


if sold converted anything up to 400k


however, we are on the somerset levels and are currently surrounded by floodplains so the estate agent who was coming to value the house said properties in this area are pretty much worth nothing right now.


I suppose one thing i really wanted to know is would I still have a claim in the property if we do not divorce and sort a settlement now just because it is all so complicated currently - he' s unlikely to divorce me.

Expert:  Clare replied 3 years ago.
Hi
Whether you divorce now or later you WILL be granted a share of the capital - and once the area has recovered and the barn has planning permission then he can indeed be forced to sell that so that you can have your lump sum
Might I suggest that you do not point that out until he has obtained the Planning Permission as that will be your best chance of an immediate payment
I hope that this is of assistance
Clare

Customer: replied 3 years ago.

I really don't think he will get planning now due to the extensive flooding in this area anyway. that's what I wanted to know really, as I think it may be wiser to just hold off on trying for a settlement now and wait until planning given or refused etc.

Expert:  Clare replied 3 years ago.
Hi
I understand your position - but your position could be preserved even after a divorce!
Clare
Customer: replied 3 years ago.

Really?! Because I have just found out that he is seeing some woman and that he has taken her away to an expensive hotel in Bristol while we stuggle and he pleads his hands are tied. So I do want to divorce him, I do intend to pay by the way for this question sorry for the long delays it is half term and I run my own business and have two small boys

Expert:  Clare replied 3 years ago.
Hi
So you now think that his financial position may not be as dire as he has suggested?
Clare
Customer: replied 3 years ago.

No I do think it is dire, his business is not making much and the house is on a floodplain in the middle of the somerset levels - with whats going on no one is going to want to touch it currently. He is already remortgaged significantly leaving only about 100K equity in the house.


There is the complication of relocating his business and the income he gets from the other commercial let on the land will also be lost if he sells and moves.


 


Getting the planning permission on the end barn to sell with planning or convert himself is what he is hoping for to improve the overall outlook


 


i think he is just avoiding the reality of the situation and i was prepared to not push for a divorce and settlement currently to wait till a more amicable outcome for both of us can be reached.


 


But now that i know what little money he does have is being spent on making himself feel better and what you said about my position being protected even after divorce i am feeling like i maybe will go ahead with divorcing him now. I just thought it would mean i got nothing.

Expert:  Clare replied 3 years ago.
Hi
No not at all
If you go ahead with the Divorce now then within the Financial settlement your ex can be given a share of the property with a delay in payment
How long a delay and what the trigger should be is harder to assess - but it can be done
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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