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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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 have been separated from my husband over two

Resolved Question:

HI. I have been separated from my husband for just over two years now following my adultery. I left the marital home and my children, then 17 and 19 and working, still live there with their father. As the main breadwinner, I have paid all mortgage and bills for the marital home since I left, totalling approx £1700 every month. My husband began by contributing £250, but this increased to £400 every month from February this year, 16 months after the separation. We now want to sell the house and divorce. Given that he is a lower wage earner, I agreed a while ago to let him have the equity from the sale of the house to put towards his own home. However, I am soon to receive inheritance from my Aunts estate of approximately £77000 within the couple of weeks or so. My husband was under the impression I was due to receive a lot more, full proceeds of the sale of my aunts house around £260,000 and has asked for not only the equity of the house sale, but another £130,000 on top, saying he will not go after any of my pension, or any future inheritance (my dad) I may receive after we divorce if I agree. He justified it by saying he needs to buy somewhere big enough for both him and the children to live in and that he couldnt get a big enough mortgage on his salary. (Take home about £550 per week) without it. Clearly I can not and will not agree to such a large amount, and do not think this fair. Would it be more favourable to me to take it through court and let the law decide, or should I make him a smaller offer so that he agrees to the clean break, no contest of the divorce, no claim on my pension, and no future claim on any inehritance I might receive from my Dad (This is likely to be quite substantial).
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you How much is the house worth and how much is outstanding on the mortgage?What income do you each have and what is the value of your respective pensionsClare
Customer: replied 1 year ago.
House is worth approx £330k and mortgage outstanding £200k approx.
I am a contractor earning £400 a day before tax and he takes home around £550 per week after tax.
I do not know the value of the pensions.All I need to know is if it is worth me making a lower off out of my due inheritance of £77k and get the complete clean break and no future claims on anything I may inherit, or let it all go through court?
Expert:  Clare replied 1 year ago.
You are already being more than generous in terms of capital - but to give worthwhile guidance i need to know your ne annual income and have some idea of the pensions funds (very rough best guesses would do)
Customer: replied 1 year ago.
My net annual income is approx £88k. My husbands approx £28k.I have four separate pensions from different employment. I have no idea of their worth but would guess at around £50k. My husbands probably half that but I really have no rough idea!
Expert:  Clare replied 1 year ago.
That is fine - it gives me something to use for illustration.The first point to make is that he has no claim on your future inheritance - and indeed only a limited interest in the monies you have alreadyreceived from your aunt.The monies you have recently received would only be shared if there were no other assets which could be used to settle your ex's financial needs.The second is that the starting point for division of the equity in the former matrimonial home is 50/50 - and since your children are now adultsall your ex is entitled to is sufficient funds to allow him to purchase a small property for himself.This does not mean that you cannot be more generous - just that you do not need to be.You do have a potential liability for short term ongoing spouse maintenance - although the fact that you have sustained the property for the last two yearsmitigates that - and he is likely to be entitled to a pension sharing order to balance the pension provisionOffering your half of the equity to cover those is generous and more than adequate and (please forgive the comment it is based on personal experience) more than sufficient tocover the guilt you clearly still feelI suggest that future negotiations take place with the support of Family mediation so that there is some realism in the process!I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Very helpful, thank you!
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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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