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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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 am currently taking my husband to court for my share of our

Resolved Question:

i am currently taking my husband to court for my share of our family home as he is reluctant part with any money and wondered am i entitled to 50% of my husbands assets if he inherited them from a will or was given them when we were together in our marriage?
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 long were you living together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage and what other assets are there?
Clare
Customer: replied 3 years ago.

we have been together for 24 years and there are two children, my house is worth approx 375,000 we have 20,000 left on the mortgage and there are other assets too like shares, cars and antiques/paintings.

Expert:  Clare replied 3 years ago.
Hi
How much are the other assets worth and how old are the children?
Clare
Customer: replied 3 years ago.

its hard to say but the children are grown up

Expert:  Clare replied 3 years ago.
Hi
Best guess on the value of the other assets
Clare
Customer: replied 3 years ago.

i would say about 100,00 but it is hard to define unless everything gets valued!


 

Expert:  Clare replied 3 years ago.
Hi
What assets did your husband inherit?
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

there are no one bedroomed properties in our area…i own a smallholding with 13 acres. and shares and a collection of artwork

Expert:  Clare replied 3 years ago.
Hi
Is this separate to the assets that you have already told me about?
If so what is the value of the assets that you have?
Clare
Customer: replied 3 years ago.

i don't have anything…i had to leave everything behind when i left, so what i have told you about is everything we had together.


 

Expert:  Clare replied 3 years ago.
Hi
For clarity Is the small holding also the Former Matrimonial Home?
Clare
Customer: replied 3 years ago.

yes..it is the former matrimonial home,

Expert:  Clare replied 3 years ago.
Hi
Thank you I was a little uncertain
Where is your ex currently living?
Clare
Customer: replied 3 years ago.

in the family home

Expert:  Clare replied 3 years ago.
Hi
I see
How much did your husband inherit and when?
Who is caring for the small holding at the moment and how much would you need for another home in the same general area - a one or two bedroomed property
Clare
Customer: replied 3 years ago.

its a rural area so i would guess about £180,000 and my husband inherited money about 10 years ago and again in the last 3 years.


 

Expert:  Clare replied 3 years ago.
Hi
How much did he inherit?
Clare
Customer: replied 3 years ago.

about 20,000 and then about 80,000

Expert:  Clare replied 3 years ago.
Hi
Was it invested in the home?
Clare
Customer: replied 3 years ago.

no. in shares in his name

Expert:  Clare replied 3 years ago.
Hi
How much will you need to rehouse yourself
Clare
Customer: replied 3 years ago.

i would say £200,000 max

Expert:  Clare replied 3 years ago.
Hi
The starting point given the length of your marriage is that all the assets are divided 50/50
The assets that he inherited would be treated differently if there were sufficient other assets to ensure your housing needs with out touching them - but in your case this is not possible so they will indeed be counted as part of the assets
I hope that this is of assistance - please ask if you need further details
Clare
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