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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Married years wife is saying wants to leave and live

Customer Question

Married for 12 years wife is saying wants to leave and live her own no other parties involved, I owned a house out rite when we met wife had interest only mortgage,
we re-mortgaged both properties on repayment buy to let and brought another bungalow outright which my parents helped by giving £28000 to live in our selves and in later years my parents helped with another £20,000 to help with total renovation of the bungalow, so basically I entered into the relationship with around £85000house and £25,000 in the bank and my wife had no money and a £49,00 flat but on interest only
How do I stand with divorce law as I fell that a 50 50 split is totally unreasonable, please could you advise me on my options.
From *****@******.*** on behalf of my son Steven Withers.
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 three properties worth and how much is outstanding on the mortgages?
How long have you actually lived together?
Clare
Customer: replied 2 years ago.

12 years married + 2 years beforehand 14in total.

House £230,000 + with £73,000 mortgage out standing approx.

Flat £125,000 + with £58,000 mortgage out standing approx.

Bungalow £250,000 + owned out right.

Savings Steve £60,000 /wife £40,000 plus she has £20,000 premium bonds,

Thanks Regards ***** *****

Expert:  Clare replied 2 years ago.
Hi
What income do you each have - and was it always understood that your parents would need their money repaid?
Clare
Customer: replied 2 years ago.

My wife earns 19,000 pa and I am self employed but have been recovering from sever cancer for about the last 11-12 months only claiming tax relief of £108 per week (no benefits due to amount of savings being in access over the threshold of £16,000) prior to ill health my earnings where about £25,000 pa.

Please note we do not have to repay any of the money given by my parents. (in previous emails no mention of repaying parents?)

Last year in September having just finished three months chemotherapy and awaiting going into hospital for major surgery my wife told me she was going to leave me and would stay with me until I had got over the worst of the operation, while I was in hospital over two months my wife said she did not like living on her own and that she loved me and this seemed to be the case until a few weeks ago when I senesced something was wrong, I asked what was wrong on Sunday 22nd March and she said that she was not happy and that she is leaving me.

So I have had my hopes built up and ten crashed down again.

My wife has told me yesterday that is has rented a flat and will be moving out of our marital home on the 18th of April.

She also told me she had been planning to leave for some time but there never was the right time to tell me due to two deaths on my side of the family and loosing my driving licence due to eyesight problems,

Thanks

Regards ***** ***** tel: 07766 828 579

Expert:  Clare replied 2 years ago.
Hi
Thank you that is useful
A 12 year relationship counts as on the longer side of medium length.
That being the case the Court will start looking at a 50/50 split.
However they will also consider the fact that you brought more capital to the marriage - including the monies form your parents and this is likely to be reflected in the final settlement.
It is of course difficult to predict what that will be - but one likely scenario is that you will each keep the properties that you had to begin with - and that the matrimonial home is split between you
This would leave you with more capital than your wife.
You may also have a potential claim for Spouse maintenance whilst you are ill and that could give you the chance of claiming an extra percentage of the matrimonial equity instead - maybe even 60%
This can only be the roughest of guides and the starting point would be to discuss this with your wife using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Good morning could you please answer to following questions regarding my divorce.

1/ can we share the same solicitor as we have agreed on what are parting with.

2/ how long does the process take approximately based knowing what we are parting with. (no dependant children only proerty

Customer: replied 2 years ago.

Good morning could you please answer to following questions regarding my divorce.

1/ can we share the same solicitor as we have agreed on what are parting with.

2/ how long does the process take approximately based knowing what we are parting with. (no dependant children only properties to deal with)

Thank you

Regards ***** *****

Expert:  Clare replied 2 years ago.
Hi
No you cannot use the same solicitor - but only one of you needs to use a solicitor at all.
It shoudl take between five and eight months to resolve
Clare

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