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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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'm divorced have two children 21 and 17 my ex wife left me

Customer Question

I'm divorced have two children 21 and 17 my ex wife left me for someone else now she has split from him she wants more money does she have a claim to my wages or assets, I have four rental properties, she has left her job as police officer but has a pension, where do I stand as I want to move in with my new partner.
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.
When was the Decree Absolute and what financial arrangements were made at that time?
Clare
Customer: replied 2 years ago.
The decree absolute was issued June 2014 no financial arrangements were made as I was unemployed then all the properties are in my name, at the time she was working so I was advise to go for her pension or keep all properties in my name me and We would walk away but now her new relationship is over and she has no income and now I am working, however I do have a lot of debts and I am currently paying them off.
Thank you
Expert:  Clare replied 2 years ago.
Hi
How much are the properties worth and what pension provision do you each have?
Clare
Customer: replied 2 years ago.
Hi, the properties are worth approx £700k in total with approx 100k equity I have no pension she has a police pension due of approx 40k I have just found out that she may still be working in the police but not sure if she is her current wage is approx 35k but I'm unsure if she is still off sick ( she has crones) or has left. My son and his family live in one property I am about to move into one, one is up for sale for 195k but I owe the builders 185k of that and one is rented. She has threatened to try and take over my sons house.
Expert:  Clare replied 2 years ago.
Hi
What happened to the matrimonial home?
Clare
Customer: replied 2 years ago.
We were just renting and she stayed in it.
Expert:  Clare replied 2 years ago.
Hi
How long were you living together and is there any reason why she should not have one of the rental properties?
Clare
Customer: replied 2 years ago.
Together for 21 years ... She left and walked away and didn't want anything to do with it when she had a rich boyfriend plus she was declared bankrupt, my son and family lives in one and all the others are rented out but as I said I need to move in one as I don't have a place to live.
Expert:  Clare replied 2 years ago.
Hi
When was she made bankrupt?
Clare
Customer: replied 2 years ago.
I think it was 2012 due to all her debts
Expert:  Clare replied 2 years ago.
HI
Do you know when she was discharged?
Clare
Customer: replied 2 years ago.
12 months after
Expert:  Clare replied 2 years ago.
HI
Thank you
What is your current income?
Clare
Customer: replied 2 years ago.
I am self employed last years books shows 17k but swings and roundabouts as I'm in construction so this week I've been layed off but have 2 weeks work next week.Last year my rental properties made a loss of £1300.
Expert:  Clare replied 2 years ago.
Hi
Yes I understand that!
As a rough guide what is the equity in each of the properties - I see that property 1 has £10,000 equity at most.
Clare
Customer: replied 2 years ago.
Hi, prop 1 has 30k prop 2 negative equity 8k prop 3 15k and prop 4 which is currently for sale and has been on market 6 months 50k.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Which one is your son in?
Clare
Customer: replied 2 years ago.
Prop 1 30k
Expert:  Clare replied 2 years ago.
Hi
Since she has not actually remarried your ex can still make a financial claim within the Divorce proceedings (as can you if you have not remarried)
She certainly has a claim on a share of the equity in the properties - but then you have a claim on her Police pension equivalent to half of the pension that has accrued during your marriage
She has no claim form spouse maintenance since she earns more than you do!
She cannot insist on receiving the property that your son lives in - it is more likely that she will receive a lump sum from the sale proceeds of property 4 - but of course that depends on how much of her pension she wishes to share!
You should offer to negotiate with her using Family mediation
www.familymediationhelpline.co,.uk
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help that makes things a lot clearer.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well for you
Clare