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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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 separated from my husband 3 years ago. When the family house

Resolved Question:

I separated from my husband 3 years ago. When the family house was sold we split assets 50/50. I povide the main family home for our 3 children and get CSA payments direct from his wages. On splitting up my ex gave an additional 30K which was to be secured in a declaration of Trust that I was to pay back on the sale on unfavourable terms. We are trying to settle our finances finally so we can divorce and it now appears the Declaration of Trust was never signed. Where do I stand?
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 long were you living together and how old are the children.
How much was the equity in the property and how much did you each receive?
What other assets and debts are there and how much do you each earn?
Clare
Customer: replied 2 years ago.

We have been married for 23 years as we are not yet divorced and lived together at 3 different addresses for that period. We separated June 2011 when I bought my house where I live with my children. The children are 17,15 and 13. The equity on the sale was £218 K split 50/50 and I bought my new house and Simon invested his half in a business which has now failed. The 30K was an additional amount that was given to me in a Declaration of Trust that was on unfaviourable terms to me further to solicitor advice. It never got signed by either party although Simon is still claiming that it does and requires his share or 12% of any future re-sale whichever is the higher,(hence why it is unfair) Also if I die the terms were that the house would be sold and Simon's estate would be re-paid.I earn 37K pa. I don't know about Simon but he is a Sales Director so I would guess at 75K. He pays £849 per month maintenance which I get direct from the CSA as he refused to pay at the start so I got into quite a lot of debt. Payments began in January 2012

Expert:  Clare replied 2 years ago.
Hi
Were there any other assets at all - including pensions?
Clare
Customer: replied 2 years ago.

Other capital assets including an ISA and small savings plans were split 50/50 and I received approx. 6K from this. The pensions have not been split and Simon is currently proposing as part of a final settlement that I keep my local government pension and he keeps his private one. He has not provided a CEV for this. I have for mine but it is not with me here at work

Expert:  Clare replied 2 years ago.
Hi
Best guess on their likely values?
Clare
Customer: replied 2 years ago.

No idea on Simon. Mine was £30 ,770.10 at July 2013.

Expert:  Clare replied 2 years ago.
Hi
Is this the only dispute between you on finances and how far has the divorce reached?
Clare
Customer: replied 2 years ago.

Yes the dispute is only finances. The divorce was applied for by Simon in February 2013 but I would not let it proceed until finances were sorted out. We attended mediation to try and do this but this failed as Simon was not willing to disclose information particularly on the businesses. I have form FM1 and am now considering applying to the courts for a financial order

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant is this £30,000 the only matter in dispute between you?
Clare
Customer: replied 2 years ago.

No he is refusing to pay half of school trips or anything else at all as he says everything is covered by CSA payment

Expert:  Clare replied 2 years ago.
Hi
Are we talking about normal trips - or the holiday type ones?
Clare
Customer: replied 2 years ago.

I pay for all day to day ones but this is longer trips and also drama clubs and sports clubs

Expert:  Clare replied 2 years ago.
Hi
Unfortunately the clubs are covered by the Child maintenance - and the longer trips are optional - so I am afraid there is nothing to gain there.
However within the financial side of a divorce it is unlikely that you will be ordered to repay the £30,000 given that you are continuing with the care of the children!
You also need the CET Value of his pension before you agree anything with regard to the pension
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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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