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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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My husband and I have recently separated and have sold our

Resolved Question:

My husband and I have recently separated and have sold our flat. I proposed a split of the equity that allowed for a partial settlement for an inheritance I received a few years ago and then the remaining amount to be split 50/50. My ex-husband has said that he is not happy with this proposal and wants to split everything 50/50 and then discuss the inheritance/any other finance at a later date (as part of the divorce I guess but we have not discussed this at all yet). As time is of the essence and I do not want to hold up the flat sale, I am currently considering the 50/50 split but before I make a decision would like to know if this was likely to have detrimental impact on any future settlement discussions we will have as part of the divorce
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 sale proceeds, how much was the inheritance and what other assets are there?
How long were you living together and are there any children involved?
Clare
Customer: replied 2 years ago.

Hello Clare

We are expecting to have approx £18,000 remaining once the mortgage, a secured loan and all costs are paid.

My inheritance was £10,000 and was used to pay off debts we had at the time (my husband had £40,000 of debt when we met).

Other assets I guess would be the car (all in my name) which he has already said he does not want nad 2 weeks of timeshares (approx value between 2,000 and 5,000 total) but we are trying to sell these a the moment. Other property (furniture etc) we have already split and agreed between us.

We lived together for just over 15 years and were married just over 12. There are no children.

I hope this helps, but please let me know if you have any further queries.

Sarah

Expert:  Clare replied 2 years ago.
Hi
What is the division that you have suggested?
Clare
Customer: replied 2 years ago.

Hi

I suggested a lump sum payment of 5000 then the remaining monies to be split 50/50. For the remaining 5000 of my inheritance I suggested monthly payments for just over 2 years at 200 per montb - an amount he had previously said he could afford.

Sarah

Customer: replied 2 years ago.

Hi

I suggested a lump sum payment of 5000 then the remaining monies to be split 50/50. For the remaining 5000 of my inheritance I suggested monthly payments for just over 2 years at 200 per montb - an amount he had previously said he could afford.

Sarah

Expert:  Clare replied 2 years ago.
Hi
Exactly how long ago did you receive the inheritance?
Clare
Customer: replied 2 years ago.

Hi

It was paid to me in August 2012

Sarah

Expert:  Clare replied 2 years ago.
Hi
The family court does try and treat inherited money differently when it come sto division of matrimonial assets - but only when that actual funds are still specifically available - which in this case they are not.
In the event that this ever became an issue before a family court judge it is unlikely that you would receive back all of your inheritance as you are proposing - but it IS likely that you would receive a larger share of the equity to reflect your larger capital contribution
It is unlikely that you would receive nearly 90% of the equity - which is what you are proposing happens immediately - but not impossible.
You shoudl try and negotiate with him using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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