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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Hello my name is XXXXX XXXXX been divorce for 6 years, i was

Customer Question

Hello my name is XXXXX XXXXX been divorce for 6 years, i was married to my ex for 7 years, we had a daughter and i have since been remarried for 3 years, my ex wife lawyer call me last week asking to for settlement and to declare my asset in regards XXXXX XXXXX wife, i pay child support, my house was bought on sole on my name, she said she share from all my property, she did not pay on my mortgage when we were married, her lawyer asking me to make an offer to her, i need to know what i can and home offer can i make, before going to court. thanks for your assistants in this matter, looking to hear from you soon
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Which part of the UK are you in?
Who owns the house that she and the child live in?
Clare
Customer: replied 2 years ago.

i live in east london, she move out after the divorce in 2008, i guess she was got flat from the council, i pay child support

Expert:  Clare replied 2 years ago.
Hi
What assets did you have at the time of the divorce?
Clare
Customer: replied 2 years ago.

my one bedroom flat and pension

Expert:  Clare replied 2 years ago.
Hi
How much is the flat worth an dhow much is outstanding on the mortgage?
What is the value of your pension?
Clare
Customer: replied 2 years ago.

this flat is worth btw £60,000 to 70,000 in 2008 after the divorce now its about £80,000 or £110,000 and no mortgage on it, my is pension is about £28,000

Expert:  Clare replied 2 years ago.
Hi
What other assets and debts and income do you have?
Clare
Customer: replied 2 years ago.

none

Expert:  Clare replied 2 years ago.
Hi
May I ask how old you are?
Clare
Customer: replied 2 years ago.

41 years

Expert:  Clare replied 2 years ago.
Hi
So your pension is in payment?
Clare
Customer: replied 2 years ago.

i dont understand your qustion, do you mean if my pension is in pension fund, yes its

Expert:  Clare replied 2 years ago.
Hi
Right - so what income do you have - how do you pay the bills?
Clare
Customer: replied 2 years ago.

Am working and paying my bills

Expert:  Clare replied 2 years ago.
Hi
How much do you earn?
Clare
Customer: replied 2 years ago.

29000 per year

Expert:  Clare replied 2 years ago.
Hi
How long were you and your ex actually living together?
What do you know about your ex's finances?
Clare
Customer: replied 2 years ago.

We live there together for 7 year and she is not working , she has not been working for long, she on benefit and I have since move out from the property becos I have remarried, but I still own the property,

Expert:  Clare replied 2 years ago.
Hi
So you are renting that property out?
Who owns the property you currently live in?
Clare
Customer: replied 2 years ago.

me and brother own the property and the other property is rented out

Expert:  Clare replied 2 years ago.
Hi
How much is the property that you live in worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

250k and the outstanding mortgage 130k

Expert:  Clare replied 2 years ago.
Hi
Ok
So there are two properties.
What OTHER assets do you hold alone or with anyone else?
Clare
Customer: replied 2 years ago.

nothing esle

Expert:  Clare replied 2 years ago.
Hi
Are you certain - only last time you missed off the property that you are living in and this is important
Clare
Customer: replied 2 years ago.

Yes am sure

Customer: replied 2 years ago.

The property am living now is joint owned, I own 1 percentage of the house my brother own 99 percentage of it

Expert:  Clare replied 2 years ago.
Hi
How was the purchase of that property funded?
Clare
Customer: replied 2 years ago.

Fund was pay by cheque, fund was paid into my account so wrote the a cheque

Expert:  Clare replied 2 years ago.
Hi
The house that you purchased with your brother - where did the money con from to buy it?
Clare
Customer: replied 2 years ago.

My brother give me the money in cash so i paid the money into my account

Expert:  Clare replied 2 years ago.
Hi
Why did he do that?
Clare
Customer: replied 2 years ago.

Becos he couldn't not get the mortgage by him self becos his income is too low to get a house of 250k, he needed to add some else to the mortgage for him to get mortgage

Expert:  Clare replied 2 years ago.
Hi
Since there has been no Financial Settlement within the divorce proceedings and your EX has not remarried she can still make a financial claim against you I am afraid.
You will have to declare ALL your assets - including your interest in your current home
Your relationship was a short to medium length one and there is a child involved.
This means that the starting point for division will be 50/50 despite her lack of contribution
It is possible that the court will grant her less - equally possible that they will grant her more
You should offer to discuss matters with her ex using Family mediation (www.familymediationhelpline.co.uk) to try and resolve matters
Please ask if you need further details
Clare

Customer: replied 2 years ago.

how can i prove my interest in my current house to the court. I have 1% of the house, what documents will I need or to get to prove I just 1% ownership in my current place.

Expert:  Clare replied 2 years ago.
Hi
I thought you already had these in place?
Clare

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