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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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I need some advice regarding a financial settlement, I am able

Resolved Question:

I need some advice regarding a financial settlement, I am able to provide all of the details but just need to know what a fair division of matrimonial property and finances I can expect (I am a litigant in person (respondent)).
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 is the overall financial position?
Clare
Customer: replied 3 years ago.
£38,000 equity in matrimonial home, ex's financial position: currently not working claiming housing benefit and JSA, 1 current account & 1 savings account both less than £1,000 each, car which has been undervalued £1,000, did not initially disclose £1,000 worth of fishing kit. £740 CSA arrears. Has funded car tax, mot repairs, money given to our daughter for Xmas and birthdays and a holiday but they do not appear on bank statements provided. Since ban dining the matrimonial property in November 2008 has not paid any mortgage payments or any costs for maintenance to the matrimonial home (new roof £2,500, new boiler and radiators £3,500, garden in disrepair & environmental health advised about upkeep £1,500, wc refurbishment £1,500 all of which he has detailed he paid for but I kept the bills as they were paid from my single account and bank statements depict this) Also received £30,000 inheritance whilst we were married which he kept himself in his own bank account. My finances are less than £1,000 in each current and savings account, work part time basic wage after deductions £800.80, receive tax credits, child benefit and £2.50 per week from CSA, took out a home improvement loan in my sole name as he was blacklisted, the balance left to pay is £13,000, received £55,000 inheritance whilst married which he had access to and withdrew money without my knowledge to purchase car, van, motorbike totalling £10,000 just prior to abandoning FMH and kept and sold after leaving, the rest of my money was spent on general family expenditure, holidays and home improvements and had depleted by the time he had abAndoned the FMH. During our 6 year marriage he was in and out of work whilst I kept a regular income until the birth of our daughter in 2004 when I returned to work on a part time basis for 2 years before going back full time
Expert:  Clare replied 3 years ago.
Hi
Do you believe he has any undeclared assets?
Clare
Customer: replied 3 years ago.
His expenditure doesn't match his income he has detailed he spends £5 - £6 on petrol per fortnight but his bank statements detail £40.00 per fortnight, he has also been working cash in hand whilst claiming benefits. He hasn't got any paperwork relating to the vehicles he sold after we parted and has stated they were sold prior to parting, i also have copies of insurance certificates (insurance for the vehicles were paid from my bank account)
Expert:  Clare replied 3 years ago.
HI
Best guess on his income?
Clare
Customer: replied 3 years ago.
£140.00 per fortnight JSA, undeclared income (Cash in hand) unknown as he worked on his cousins house build,(his cousin would pay him the going rate but I am unable to prove this, apart from the photo I toon of him working on the roof). The flat he privately owns is also his cousins and he's declared he pays £350 per calendar month, however, housing benefit pays £310 every four weeks for it and he says he tops it up by £40, but the figures don't add up as rent is due per calendar month and not four weekly like housing benefit states.
Customer: replied 3 years ago.
**Privately rents is owned by his cousin
Expert:  Clare replied 3 years ago.
Hi
What was the last offer that you made?
Clare
Customer: replied 3 years ago.
£5000.00
Expert:  Clare replied 3 years ago.
HI
How was the original purchase funded
Clare
Customer: replied 3 years ago.
5% deposit which we both paid equally for
Expert:  Clare replied 3 years ago.
Hi
Sorry - last questions - how old is the child and how much does a two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
My daughter will be 10 on 29/04/04 and properties start at £85,000 for a two bedroom property.
Expert:  Clare replied 3 years ago.
Hi
Is your ex represented at all?
Clare
Customer: replied 3 years ago.
Yes he has a barrister.
Customer: replied 3 years ago.
Paid for by legal aid
Expert:  Clare replied 3 years ago.
Hi
What offer have they made?
9and eventually HE will be paying his legal bill)
Clare
Customer: replied 3 years ago.
His solicitors and barrister have said he wants £19,000 which is half of the equity in the matrimonial home but I have disputed that due to the fact he hasn't paid his half of the mortgage since November 2008 to date, or half for any repairs, also has £740 CSA arrears and walked away with all if his inheritance £30,000 and mine was spent by both of us, he also purchased vehicles prior to separation that were sold after we separated for his financial gain. I would like to know what would be a reasonable figure for him that can be justified.
Expert:  Clare replied 3 years ago.
HI
What paperwork has he shown about what the Inheritance was used for and how much is your current property worth?
Clare
Customer: replied 3 years ago.
He has provided no evidence or bank statements that I have requested but he has admitted that he had £30,000. He has not provided any documents regarding what his inheritance was spent on. The inheritance I received £45,000 has been shown on my bank statements and the statements show the money was used, I even provided copies of the invoices I paid for work carried out at the FMH (he has claimed he paid but like i mentioned I have evidence that proves he's lied). The FMH has been valued at £94,000 which he agrees with and the mortgage outstanding is £55,000, so £38,000 equity has been agreed which doesn't include £1,000 deducted for solicitors fees.
Expert:  Clare replied 3 years ago.
Hi
What is your mortgage capacity?
Clare
Customer: replied 3 years ago.
I haven't asked to increase my mortgage, I only just make ends meet now without extra outgoings on top. unfortunately I also have a ccj against my name where I was unable to make the home improvement loan payment when he left the FMH as I could only afford to pay the mortgage (I only work part time basic wage £800 after deductions)
Customer: replied 3 years ago.
I am awaiting answers from HSBC, Principality and current mortgage company Platform Funding
Expert:  Clare replied 3 years ago.
Hi
The first point to make is that he cannot force a sale of the property and the release of his share until your child is 18.
Athe starting point for division of the equity at the point is indeed 50/50
However you will have has the burden of working around your child; maintains the property and as you point out he has retained assets of £30,000 whilst your inheritance was spent on the family
On that basis it is reasonable to ask the court to award you a larger share of the equity when the property is eventually sold.
You should offer an 80/20 split in your favour - but accept a 70/30 split if it is offered.
If he wants cash now however and you can raise it then 20% would be a reasonable offer
I hope that this is of assistance please ask if you need further details
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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