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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Ive just separated from my partner. We had a civil ceremony

Customer Question

I've just separated from my partner. We had a civil ceremony about 7 years ago. We've been together since 2002. My ex partner has always been the bigger wage earner. I owned a house when we got together and so did she. Both of which had mortgages. My property's mortgage was paid off by my parents and my ex which allowed my parents to live there rent free (part of the deal of them contributing to the mortgage payment). My ex has tentatively agreed that I take the house that was originally mine and she remains in 'our house which we bought together in 2005. She's now threatening me that if I push for anything other than my personal effects from the house (all I want out of the property are a few things - for example - it's a very large house and we bought two American fridge freezers, I'd like one of them) she will force going to court (something I can't afford to do) and she'd fight me all the way. She keeps telling me I'm not entitled to half of everything as I haven't contributed as much. My first question would be is she correct that I'm not entitled to half and secondly is there anything I can do. She got made redundant last November with a large payout. She's moved that money into a secret account just in case. I don't want her money. I want what's fair
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 are the properties worth and how much is outstanding on any mortgages?
How much did your parents pay off your mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

HI Clare


Thanks for your response ...details below as requested


Birch Farm (our house - non functioning farm house with 14 acres and outbuildings); mortgage £600k; worth approx £1m


Hannington (my original property); current mortgage £5k (my ex took a loan out against the mortgage to buy shares in her old company); house worth approx £275k


My parents paid approx £40k; my ex partner paid approx £20-40k (can't recall exactly).


My ex also had a half share in a house in Spain (between her and her Mother) that we used to use for short holiday breaks until her Mother moved over there full time (rents her own house in the UK out; doesn't declare income!)


Ex partner made redundant in November 2013; currently working at £1k per day as consultant (average normal earnings £8k per month when working - currently has approx funds of £120k in bank);


Myself; I used to be Director at BSM, left in 2006; earnings approx £60kpa; set up own business in 2007 (encouraged by ex partner); no earnings until about 3 years ago when I started to take £500pm; it went up to £1k per month after approx 12 months, then recently (approx Dec 2013) salary went up to £2kpm (this fluctuates dependant on how company is doing. I have approx £4k in the bank.


If you need anymore info, please don't hesitate

Expert:  Clare replied 2 years ago.
Hi
A Ten year relationship does not necessarily give you a 50% claim on all the assets - but it certainly entitles you to a share of the contents of your home and there is no doubt that in the event of a court dispute you will get at LEAST your property - possibly also a lump sum payment as well as a share of the contents
Indeed there is also an argument for ongoing spouse maintenance
You ex has a great deal more to lose than you in court.
You should offer to negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare

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