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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
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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If separated but still legally married and the house is sold

Resolved Question:

If separated but still legally married and the house is sold for more money than I was given at the time, am I legally entitled to more money from the house sale??
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.
Who owns the property and could you explain a little more about the background to the question?
Clare
Customer: replied 3 years ago.

Hi yes - we have been separated for over 3 years now and initially my husband had the house valued at £180,000 - of which (minus what we still owed on the mortgage) he gave me half.


 


He is now selling the house at offers over £200,000 and I just wondered if he would have to give me a little more money??


 

Customer: replied 3 years ago.

Clare I have already answered this and have now been charged for the reply without actually getting a reply!!


 


This is shown on my e-mail - even though its saying my e-mail address is registered to someone else so will I get a reply to this question??

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
How long were you living together and are there any children involved?
What other assets debts and income do you each have
Clare
Customer: replied 3 years ago.

We were together 22 years we have one child who is now 11.


 


Its very difficult to answer the other questions as its been a while now. Other than the mortgage we didn't really have any other debt.


 


He has shares in his place of work where as he bought them monthly they also gave him so many as well. He has given me £15,000 representing half of what they are worth now but I haven't seen that myself. Hope that helps.

Expert:  Clare replied 3 years ago.
Hi
Where do you and your child now live (rented, owned?)
Does your ex pay child maintenance - best guess on what he earns, and what income do you have?
Clare
Customer: replied 3 years ago.

Sorry Clare my machine keeps crashing!!


 


We live in rented as cannot afford to buy. He gives me £240 a month child maintenance.


 


I work for a small business working 16 hours a week earning basic wage. I get child tax credit and working tax credits which is about £138 a week in all.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you did not stay in the property with the child?
Clare
Customer: replied 3 years ago.

Because he wouldn't leave and we were both unhappy so I had to go.


 


I was in temporary employment covering maternity leave and when that came to an end I couldn't get a job so ended up spending £14,000 of my money from the house to live as I had no other income.

Expert:  Clare replied 3 years ago.
Hi
Ok
Best guess on his income (rough guide will do)
Clare
Customer: replied 3 years ago.

Well I know what he was on over 3 years ago and that was about £2,000 a month.


 


Sorry I know its late- we can continue this tomorrow if you wish!!


 


Sue

Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings - and may I ask if you have a new partner at all?
Clare
Customer: replied 3 years ago.

He started proceedings online - he gave me forms to sign but its far from done yet - haven't heard anymore.


 


No I haven't got a new partner.

Expert:  Clare replied 3 years ago.
Hi
have they actually been issued by the Court yet?
Clare
Customer: replied 3 years ago.

Hiya


 


Not sure (I know that sounds bad!!) - he was doing it online as it was cheaper so I did sign an initial form and gave it back to him around Xmas time but heard nothing more so far. So I'm assuming the ball is rolling as such!!


 


 

Expert:  Clare replied 3 years ago.
Hi
In fact it sounds as though it has stalled and your ex has not moved on with it at all.
This could be because he realises that within the divorce proceedings you can apply to the court for Financial matters to be considered and you could indeed still make a claim for a capital settlement based on his assets now!
How large that claim could be is harder to assess = but there is certainly a good possibility that you will get more
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
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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