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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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my wife left me over 2 years ago. we have sold our house &

Resolved Question:

my wife left me over 2 years ago. we have sold our house & the proceeds shared equally.but she owes me some money which i had in writing from her. now she has said that she is not paying me back because she could of claimed spousal maintenance. please could you give some advice how move forward.
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.
What money does she owe you and how far have divorce proceedings reached?
Clare
Customer: replied 3 years ago.


she owes me £6800. we have not started any divorce proceedings.

Expert:  Clare replied 3 years ago.
Hi
What was the money for and why was it not dealt with when the property was sold?
How long did you live together and are there any children involved/
What income do you each have?
Clare
Customer: replied 3 years ago.

she said she would pay me back from her half of the proceedings which i agreed with. but now has gone back on her word.but i have it in writing from her.the money was a loan after she had left me for her debts.we lived together for 24 years but the children have grown up and gone.my income is around 30k.her income is around 11k.

Expert:  Clare replied 3 years ago.
Hi
When are you planning to start divorce proceedings?
Clare
Customer: replied 3 years ago.

i've not thought about divorse proceedings at the moment.also may i add. i've never had a penny from her in over 2 years.i've paid the mortgage & endowment policy plans up until the sale of the property.

Expert:  Clare replied 3 years ago.
Hi
Does she have a new partner?
Do you have a private pension?
Clare
Customer: replied 3 years ago.

she lives in a house with a fellow. wether there having a relationship i don't know.i have a pension but i don't pay anything into it. all i have is my protect rights which i won't get till i retire & i don't know how much it is worth.

Expert:  Clare replied 3 years ago.
Hi
Were you paying into the pension while you were married?
Clare
Customer: replied 3 years ago.

i paid into my pension for the first 10 years of our married life but nothing for the last 16 years.

Expert:  Clare replied 3 years ago.
Hi
If you have her written agreement to pay the debt then you can sue your wife using Money Claim online https://www.moneyclaim.gov.uk/web/mcol/welcome
HOWEVER if you do she is likely to respond with a Divorce petition and an application for financial relief which could include a Pension Sharing Order and a possible lump sum claim which would exceed the amount that she currently owes
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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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