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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
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 am married to my second husband, I was previously divorced

Customer Question

I am married to my second husband, I was previously divorced and my husband was widowed. 3 children each from our first marriages. Our children have now left university and are employed although some still live at home the other 4 have bought their own properties moth out help.
My husband has recently sold his business and is looking for investments/ new challenges. Our relationship has become very difficult ( increasingly so over the last 4 years), and it may end in. I would like some advice re my rights. I currently am living in his house from his first marriage, but I gave up work to help bring up his children ( we have been marri d since 2003). He sold his business for a reasonable sum, but I have no idea of my entitlements.
I would be grateful for some guidelines.
Anna
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long have you actually lived together?What are the assets worth and what income do you each have?
Customer: replied 1 year ago.
We have been married for 13 years. the house is worth unto £2 million. He has sold his business so at the moment has no income. I do not work.
Expert:  Clare replied 1 year ago.
How much did he get for the business?
Customer: replied 1 year ago.
£2 million
Expert:  Clare replied 1 year ago.
How much would a modest two bedroom property in a reasonable area cost to buy?
Customer: replied 1 year ago.
I really don't understand your question. What does it matter what a 2 bedroom property is to buy. I am living in a 7 bedroom property at the moment. If my husband and I should split up - why should I move to a 2 bedroom property, where my kids and in future grandchildren will have no place to stay. I sold my property in london when I moved here, a lot of that money when on my children's education, I put some of the money in my husbands business (which he has paid back after 10 years with no interest!). All I am asking for is what would my entitlement be roughly.
Expert:  Clare replied 1 year ago.
Hi
You have been living together for 13 years, and from what you have said your capital contribution to the marriage has been slim - as your capital was used to pay for your children's education.
A 13 year relationship gives you a clear financial claim on the matrimonial assets - but not 50% of it which means that remaining in your current home is not an option.
The price of an alternative property is the starting point for assessing what your reasonable needs are and how much you need to meet them
I asked for the cost of a two bedroom property as it simply gives me a starting point for the calculation
Your reasonable housing and income needs will be the starting point in the event of a divorce with a possible settlement of up to 30% pf the capital potentially possible
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
when I married I was working part time. But when I married I lost my maintenance from my first husband. My current husband did not wish me to work as we had 6 children (ages 9 - 15 at the time). I did end up working occasionally for my husband to help him out, but then that finished when he sold the business. I'm not saying I should have 50% but I would like my contribution acknowledged.
Expert:  Clare replied 1 year ago.
Hi
If you worked in the business then that 30% could be stretched - but at some point you may need to consider whether you would rather have extra capital of spouse support
Clare
Customer: replied 1 year ago.
i think i would prefer to speak in person to a solicitor. So i will finish this query with you. Thanks you.
Expert:  Clare replied 1 year ago.
Indeed you MUST seek face to face advise when you are ready to take the matter further - you are clearly entitled to a substantial percentage of what is a substantial capital - and the income/capital balance needs to be calculated carefully