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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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DIVORCE ISSUE - William and Tina AtkinsWe lived in rented

Customer Question

DIVORCE ISSUE - William and Tina Atkins We lived in rented property together 2005-2006 with 3 children by previous marriage. Libby January 1996 Thomas February 1994 Beau May 1992 Purchased current property together in September 2007 : Property in the name of Tina Atkins Married since August 30th 2008 Separated April 15th 2015 i do not reside at the property due to complete marital breakdown. i have established property rights in June 2015.

Please see breakdown of money details that I have paid towards the property and to Tinas Business Liberty Bee:

LIBERTY BEE : TINA ATKINS BUSINESS

ATKINS ANTIQUES : WILLIAM ATKINS BUSINESS HSBC, LLOYDS

JOINT ACCOUNT : NATIONWIDE

W.ATKINS : NATIONWIDE

LIBERTY BEE LOANS
NATIONWIDE W.ATKINS
8.03.09 £500.00
29.04.09 £2000.00
06.05.10 £2000.00
22.11.11 £139.02

SUB TOTAL : £4639.02

LIBERTY BEE LOANS
HSBC BUSINESS ACC
05.05.10 £295.00 payee Alan Titchmarsh
14.09.10 £1000.00
29.10.10 £227.36 payee Christopher Simpson
08.08.12 £200.00
12.07.12 £352.75

SUB TOTAL : £2075.11

LIBERTY BEE LOANS
NATIONWIDE JOINT ACC
03.09.14 £2000.00
23.09.14 £630.00
11.11.14 £130.00
11.11.14 £500.00

SUB TOTAL : £3260.00

TOTAL : £9974.00 - £2300.00 LIBERTY BEE RECEIPTS

LIBERTY BEE RECEIPTS :
JAN 2013 £300.00
JUNE 2013 £800.00
DEC 2013 £200.00
JAN 2014 £500.00
NOV 2012 £500.00
SUB TOTAL : £2300.00
BALANCE : £7674.00

HOUSE IMPROVEMENTS

 

NORMAN & PADDY LABOUR £1000.00
PADDY LABOUR £1868.00
NORMAN DIGGER £2000.00
D.LLOYD PLANS £500.00
AQUA SHOWERS £99.99
TRAVIS PERKINS £2124.00
ROOF TILES £249.00
GARDEN TRELLIS £850.00
OFFICE FLOORING £1100.00
UTILITY SHED £680.00
POST RAIL FENCE £480.00
SUB TOTAL : £10951.00

MORTGAGE PAYMENTS
NOVEMBER 2008 - APRIL 2015

 

ABBEY MORTGAGE PAYMENTS
LLOYDS SINGLE PAYMENT £31.780.00
SUB TOTAL : £31,780.00

NOV 2008 £420.53
DEC 2008 £420.53
JAN 2009 £420.53
FEB 2009 £420.53
MARCH 2009 £420.53
APRIL 2009 £420.53
MAY 2009 £420.53
JUNE 2009 £420.53
JULY 2009 £420.53
AUG 2009 £225.20
SEPT 2009 £170.25
OCT 2009 £168.34
NOV 2009 £168.34
DEC 2009 £168.34

SUB TOTAL £4685.00

2010
12 MONTHS @ £168.34 = £2020.00
2011
NORTHERN ROCK
8 MONTHS @ £168.79 = £1350.00
2011
NORTHERN ROCK
4 MONTHS @ £181.79 = £727.00
2012
VIRGIN
12 MONTHS @ £181.79 = £2181.00
2013
VIRGIN
12 MONTHS @ £181.79 = £2181.00
2014
VIRGIN
12 MONTHS @ £181.79 = £2181.00
2015
VIRGIN
4 MONTHS @ £181.79 = £727.00

SUB TOTAL £9347.00

TOTAL : £64437.00

How do I stand with the property with this input and length of time married and residing at the premises.

Many thanks

Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
If you are legally married then the onus is not who paid what when the issue of matrimonial assets are being decided.
The normal rule is that assets should be divided equally. The Matrimonial Causes Act sets out some factors as to why the 50/50 rule can be departed from. These factors include but are not limited to; the earning capacity of you both for the future and health needs for the future. The length of the marriage is also a consideration.
The first step in relation to the process if dealing with the matrimonial finances to exchange full disclosure with your spouse. This includes all assets and liabilities including pensions. It is important to consider making a referral to a mediation service whom can assist with the process of full disclosure and also with the negotiations in relation to division. A service such as the National Family Mediation service can help www.nfm.org.uk
If your spouse is unwilling to mediate then an application should be made to the court.
If is important that either an order is obtained from the court ( or a consent order is approved by the court if matters can be resolved through mediation or negotiation) before the assets are divided. Not doing this could lead to the possibility of a future claim being made.
A financial order can only be approved/ obtained from the court after decree nisi is pronounced.
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful for positive feedback
Kind regards

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