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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33296
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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We married in 2003 in Mauritis sadly it soon became apparent

Customer Question

We married in 2003 in Mauritis sadly it soon became apparent he had a drinking and anger problem and I then had to cope with him not working drinking and being abusive especially when drunk. There were many incidents of extreme verbal abuse plus an incident where the police were called out after he kicked me and my sons found me. I had been married before for twenty one years ...we had a very happy marriage and three wonderful sons but simple grew apart. I left my second husband nearly four years ago I own a large house with no mortgage which was mine prior to my second marriage Michael hardly ever lived there as he owned his own flat where we resided most of the time. Micheal sold his flat two years ago and kept the proceeds which I was fine with. I now want to start divorce proceedings but am scared of his reaction and trying to claim a percentage of my home which I have worked hard for. He never contributed to any bills etc on my property. Where do Istand?
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.
How much is your property worth/
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
I have lived in my property since 1982 and have paid the mortgage on my own since 1999. Michael has never contributed to the bills or mortgage and owned his own flat which he sold a few years ago and retained all proceeds. He left the army sixteen years ago and has worked intermittently since that time. Since we met in 2002 he has only ever worked for approximately two to three months a year apart for nearly one year when he worked full time after I left him. I on the other hand I have worked full time plus studied and have been an Executive Manager earning thirty thousand a year . Following a recent review of my post my income now is forty five thousand a year. My property is worth around £280,000. Michael has sadly not accrued any real assets but choose not to work and spend a vast amount on drinking. He bought a mobile home and moved out of area in 2011. We have had little contact since and built separate lives.we never had any joint assets or investments, he had several policies and these were worth I believe a reasonable amount of money. I am unsure what financial position he is in now but it has been his choice not to work and spend a large percentage of the time we were together drinking and being abusive towards me. I am quite scared as to his reaction when I tell him about the divorce but also anxious that he can't claim my assets that I have struggled to build up . If he could claim a percentage of my assets could I sign my house over to my sons and then transfer back after proceedings are over? I have savings of approximately seventeen thousand.
Expert:  Clare replied 2 years ago.
Hi
How much did he sell his flat for?
Clare
Customer: replied 2 years ago.
£38,000
Expert:  Clare replied 2 years ago.
Hi
What income do you have?
Clare
Customer: replied 2 years ago.
See above I now earn forty- five thousand he gets an army pension of £850 per month plus earnings from part-time work
Expert:  Clare replied 2 years ago.
Hi
Has he actually threatened to make a claim against you?
Clare
Customer: replied 2 years ago.
Although we have not lived together for several years here turned to Thanet a year ago he came round to see me however he had been drinking so I asked him to leave. I mentioned we needed to get divorced and he threatened me by saying he would take half of my home. I don feel he can as when he sold his flat he did not distribute the money plus he has hardly ever lived at my property and certainly not contributed any money or paid any bills. It will be difficult in the sense that he lives away and lives on a mobile home site so difficult to get post to him . I just want to draw a line under the marriage as soon as possible and secure my property and finance fo myself and for my three sons in years to come.. As we have lived apart for over four years I hope the process will go swiftly . However unsure as how he will react when I phone home to say divorce is the logical next step .
Expert:  Clare replied 2 years ago.
Hi
When will it be five years?
Clare
Customer: replied 2 years ago.
November this year
Expert:  Clare replied 2 years ago.
Hi
Then you should wait until then to issue a Divorce petition as you can do it in the basis of the five tear separation and your ex has no defence to it
I wish I could tell you that he has no claim on your property - but if I did I would not be being honest with you
The substantial difference in your capital assets means that if your ex does chose to apply for a financial settlement then he is likely to get something but not 50% of your home or anything even close to that
There is no action you can now take to protect the property and any attempt to do so would in fact make the position worse
The fact that he kept the proceeds of the sale of his property and is adequately rehoused will both go in your favour and will reduce the lump sum that you have to pay him by a considerable amount
I hope that this is of assistance - please ask if you need further details
Clare

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