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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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Hi, Are you able to offer me some advise please. Ive been

Resolved Question:

Hi, Are you able to offer me some advise please.
I've been separated from my husband for 2 years in May of this year, we both worked out that he took all of the savings and share options and I would need to pay him his share of the house, which I did last year. Since then he has been working out about his pension and tells me that I would be entitled to a share as we were together for 11 years and that he would get the figures from the pension company what the pension was at the time of us starting our relationship until we split. He has always said that there were no need for me to represented by a solicitor as this would cost us more money. However he came around last week and tells me that we should have the final figures very soon - however when he was here he told me that he was not going to talk any of the furniture from the house however he would work out all the costs and take this from the financial separation figure. He always said he would take some items, however when he left he took all of the bedroom furniture which meant I had to replace. Now he has met a new partner and saying that he is not wanting anything but will work out the costs of the items and take this from the final costs. I'm a little shocked by this change and feel I need to ask for some advise. We had both agreed not to apply for the divorce until after the two year separation however saying that he doesn't want to wait for the two year and that he is going to name me on the form for unreasonable behavior - when I ask why is he putting me down and his reply was well you were the one who brought it to the table, there was and no other party involved. My question is if he puts my name down would this affect what I'm entitled to financially and would I need to pay for the divorce? Also he turned up last week and told me that he has been paying some bills since he left and that I now need to start to pay for them which I was unaware of - my concern is that he may take the costs that he has been paying for all this time off the final figure. - my question is should I ask to see all of the figures from the pension company and how can I be assured these are all ok -
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.
How much is the house worth and how much is outstanding on the mortgage?
how much were the savings and shares?
What income do you each have
How long were you living together and are there any children involved?
clare
Customer: replied 3 years ago.

Hi Clare,


Thank you for getting back to me.


When we worked out our finances back last year we both agreed on the value of the house was worth


Value of the house 200,000


Mortgage 61,023


Balance was 138,977 so we divided this between us both which left 69,488 each


this is what he had in our current account


30,872


We had a loan to pay off which was 6,788 which left a balance of 24,084 which went to my husband and I took a loan out on the house to pay him 50,000 which I did last July,


My husbands salary is between 70,000 to 75,000 and mine is 30,000


No children involved all grown up and left home


We were living together for 11 years married for 5 split May 2012


 


If you need anything further from me then please just ask


 


I'm afraid I can't see anything on the his share options in any of my paperwork!!


 


 


 

Expert:  Clare replied 3 years ago.
Hi
Right so there were assets of £231,000 and debts of £68,000 plus an undisclosed amount of share options.
Without the share options the division would be £81,500 each - and he has had £74,000 which given the difference in your income i snot unreasonable.
Unless any of the contents are antiques the value is second hand value only - so minimal and not to be counted as part of the capital.
You should also make it clear that if he decides not to wait a further two months to apply for a divorce then you may chose to defend the petition thus delaying it further
(However the grounds do not effect the financial settlement)
You really need to ask to see ALL the financial paperwork - including the pension statements to ensure that the settlement that you have received is fair
Please ask if you need further details
Clare
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