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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33943
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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Hello, I am just contacting you with regards ***** ***** dilemma I

Resolved Question:

Hello, I am just contacting you with regards ***** ***** dilemma I am in. I recently (April 2014) received my decree absolute from my ex husband. I only put in for a divorce, so there was nothing sorted out financially. My ex is from another country and moved back there in 2007 for 5 years. He returned in 2012 and has been renting since, where he lives with his current partner and her 5 year old son.
I am now attempting to sort the finances out, however he is very cunning and has moved all the property out of his name in his home country and is saying that he has no money and will not disclose any bank accounts etc He has hidden everything. I did not want any of his other assets but wanted a higher percentage from the sale of the house as I have two children one 10 years old, the other 17 years old. He is saying that he wants a 50/50 split.
My question is I have the deeds from the house which has been paid for. The deeds are in both of our names. Can I go and sell the house privately for what I want and give him what I want once the sale is completed or do I need his signature?
Will I end up going to prison if I do that?

Kind regards

Nicky
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 the house worth and what other assets do you believe he has?
How far have the financial negotiations reached?
Clare
Customer: replied 2 years ago.

Hi Clare


 


Thanks for getting back to me. The house is worth approximately 140 k. He has a car business in the UK (selling cars through autotrader). When he left 7 years ago to go back to his home country. He emptied our accounts and took my car at the time etc He attempted to force me to sell the house through his solicitor at that time, however he was informed that he could not as I had the two children with me. Iwas just so relieved for him to go at that time as it had been an incredibly mentally abusive relationship which I only stuck for the children.


 


When he returned to yhtr UK after 5 years he worked for a dutch company for a year when he came back to UK 2 years ago. he is also involved in tuna exports to his home country. Whilst in his home country he worked as an engineer in the airport with a pension etc. He lived in a house he owns in his home country when he returned there, however that is very dififuclt to prove as all the property is in his mum's name. He has a porsche and a Harley Davidson motorbike in his home country. He is now saying he had to sell his expensive cars to pay for his rent here in the uk which is not being honest as he very much still has the porsche i am informed by a reliable source. So as you can see he has his finger in many pies and knows very well how to play the game.


 


It is at the very early stages of the financial negotiations where I have asked for 70% of the house and then nothing from his other assets.


 


His solicitor has replied saying that he wants 50/50 and he will not go for my pension etc and that I have a car (which i do not own as I am paying a loan on the car.) He says that I am living in a house rent free whilst he has to pay rent. He is not paying maintenance to me for our 10 year old daughter and is living with a woman and her 4 year old child that he is keeping.


My solicitor does not feel very positive about our chances as she says that he has been incredibily cunning in hiding his money and assets and that he has said to his solicitor that he has no money etc which is being extremely dishonest. he is a very clever man when it comes to finances. I am more than happy to go to financial disclosure at court but my solicitor informs me if it goes to court he does not have to disclose all his bank accounts and the court will not enforce it.


 


Anyway, as I have the deeds to the house I wondered if I could go ahead and sell the house and then give him what I want from the sale? I am not sure if I can do this legally as his name is ***** ***** deeds also and I do not want to do anything that would mean I could end up going to prison, however I do feel he has been very cunning and clever and want to fight back if I can.


 


realistically, I know I am in a difficult position. I do not want to waste time , energy and money on following a course of action that is futile.


 


Thanks


 


Nicky

Expert:  Clare replied 2 years ago.
Hi
No please do not do that as that will ruin any chance you have of getting more than 50% of the equity.
On what basis does he now think he can force a sale - you still have a 10 year old to house
he can be forced to produce bank accounts - and the ownership records of his property abroad.
Frankly 60/40 is easily achievable and 70/30 still possible on the fact and information already available.
You may need a more robust solicitor!
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33943
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare


 


Thanks for your reply.


My ex husband now has my 17 year old son living with him (he was recently removed from my house by the police as my son was being domestically violent to me and they felyt my daughter was at risk) my son has ADHD and autism spectrum disorder his main diffiuclty being anger management. So on the basis that my ex husband has one child and I have the other (Our 10 year old daughter) he wants 50/50.


 


I now have a partner that I would like to move on with and live with at some point in the future so, I wanted to sort the house out and he has wanted to do it for years. Now that he has our 17 year old son with him, he will try to force a sale. I realise if I move my partner in he will be able to force me to sell and if I move out and try to rent the property he will be able to most likely force a sale.


 


In light of the fact that he took all of our money and abandoned me and the children to move back to his home country, I feel as though I am entitled to more than 50/50 of the house. I am not asking for his other assets. I have raised our son and daughter as a single parent, only being able to work part-time as a speech therapist as my son had significant behavioural problems and required me to attend meetings with professionals nearly every week. I have had to go through him being in trouble with the police and court etc


 


My solicitor feels I do not have a leg to stand on because he is denying that he has any money and has hidden it all. She has evidence of the car business he has here as I printed off the information before he could hide the cars he had for sale. My solicitor said the courts will not force him to provide all of his bank acounts (he may say he only has one when infact he has several and the courts will not pursue this further, they will just take his word for it). My solicitor said that I need to have to have proof of his accounts. I know he has them but I dont know the bank account numbers etc. So, she said there is very little we can do. That I may have to accept his offer.


 


Do you still feel that I have a case?


 


So, selling the deeds to the house woithout his consent is not advisable?


 


Thanks


 


Nicky

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