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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 am italian , married my English husband (who I met in England

Resolved Question:

I am italian , married my English husband (who I met in England where I had lived and worked for many years) in Italy ( never lived there with him) lived with him and our daughter for few more years in his flat in England and then moved to Spain where we bought a house together. Now we are divorcing in Spain because I have been a resident there for many years and I have been working and paying my taxes there. Although he has been living there with me and our daughter for all this time in Spain , he has only been paying his taxes in England because he gets a rental income from his flat he now owns with no mortgage . At present he is living in Switzerland with another woman. My daughter who was born in England and lived there till the age of 4) is turning 18 next month and starting university in London in September. have we ( my daughter and I ) any rights or can we claim anything from my husband assets in England or from UK gov?
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.
Have the UK assets been disclosed within the Spanish divorce proceedings?
Clare
Customer: replied 2 years ago.

No they have been mentioned because my husband doesn´t want to pay any maintenance money to my daughter for her uk uni education nor as day to day maintenance and even on the house in Spain that we own half and half he doesn´t want to pay my half on the grounds that the money we use to buy the house has come from his inheritance money from hisdeceased grandmother

Expert:  Clare replied 2 years ago.
Hi
Have you raised it within the Spanish proceedings?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
H
May I ask why not?
Clare
Customer: replied 2 years ago.

because I thought that I am not intitled to his flat in London as he bought it before he met me. Although I have to add that I have lived there with him before and after we were merried and my daughter lived there as well till we all moved to spain. I have never seen a penny from the rent money he was getting from the flat when we moved to spain and thanks to that he has managed to pay off his mortgage and he is now the owner of a flat in london mortgage free!

Expert:  Clare replied 2 years ago.
Hi
Has there been a final financial order within the Spanish divorce proceedings - if not can you raise the Uk assets within it?
Clare
Customer: replied 2 years ago.

Yes I would love to but I do not know if it is possible ! according to my lawyer we can mention the assets to make the judge aware that there is money (although he is claiming that he has got no money Ha ha) but i do not know wether i can raise uk assets at present I am only raising the spanish asset which is the house we owns half half and that it is empty because he does now live in switzerland with his wealthy lover and I live in my apartment with my daughter

Expert:  Clare replied 2 years ago.
Hi
You do need to do so so that all the assets can be dealt with under Spanish law
When your daughter comes to the Uk to study she will have all the usual benefits of a UK citizen - which can include a Student Loan
The application details are here
https://www.gov.uk/apply-for-student-finance
Your daughter may also be able to claim some maintenance from her father but until the Spanish Proceedings are resolved this may be difficult
I hope that this is of assistance
Clare
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