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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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 have separated from my partner and he has given moneys to

Customer Question

I have separated from my partner and he has given moneys to his children from our joint bank account. Is there anything that can be done
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Clare :

Hi

Clare :

Thank you for your question

Clare :

My name is Clare

Clare :

I will do my best to help you but I need some further information first.

Clare :

How much has he given away and where did the funds come from initially

Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

He has taken £20000 from our joint account and I suspect has given it to his daughters. They came from the sale of a house.

Expert:  Clare replied 1 year ago.
Hi
How long have you lived together and how much were the sale proceeds in total
Clare
Customer: replied 1 year ago.

Hi Clare

Have been together 12 years and the proceeds in total were £65000

Expert:  Clare replied 1 year ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 1 year ago.

The original purchase was funded from the sale of my house and part of my pension lump sum.

Expert:  Clare replied 1 year ago.
Hi
Have you moved the balance of the funds to an account in your sole name?
Clare
Customer: replied 1 year ago.

Yes - Have following the withdrawal of the £20000.

Expert:  Clare replied 1 year ago.
Hi
So the position is that he has withdrawn £20,000 and you have the balance of £45,000.
I am assuming that you are not married - is that correct?
What do you wish to happen next?
Clare
Customer: replied 1 year ago.

Hi Clare

The position is complicated. I am married for 12 years and while in NZ on holiday he withdrew £20000 and gave to his daughters without my knowledge. That helped cause us to separate. I have taken £32000 from the joint account and deposited in an account of my own. The point is it was all my money in the first place from sale of house and pension lump sum. I presume he is entitled to 50% however my question is is there any comeback from the money he has given to his daughters.

Expert:  Clare replied 1 year ago.
Hi
A 12 year relationship does indeed give your ex a substantial share of the assets even if all the capital originally came for you
However within the financial side of the divorce proceedings you are entitled to argue that your ex has received his share of the assets by way of the money that he has given to his daughters - so whilst the monies cannot be recovered as such - neither are they totally "lost" so far as you are concerned
I hope that this is of assistance - please ask if you need further details
Clare

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