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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34280
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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Please) Please could I ask, how/ when can one

Resolved Question:

(For Clare please) Please could I ask, how/ when can one define pre-matrimonial asset (in this case buy to let property) as "mingled"?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiOne of the major factors is whether or not it has always been kept completely separate from the family finances - no cross funding (money from the family funds being used to support the property - money from the property being used for family spending)Apart form that the other issue is whether or not there can be a fair division of assets if that asset is ignoredPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thankyou. Never any family funds to support it. The rental income I used on normal living expenses as I had no other income or low income whilst child rearing, however also I solely bore the cost of the buy to let repairs and all allowable deductions and the deductions were so heavy the rental income less deductions only turned a profit in the last financial year per my tax returns lodged with HMRC. Where one person bears all the expense and property management responsibility, and lack of an accounting profit, would that mitigate against the mingling concept do you think?
Expert:  Clare replied 1 year ago.
How long were you living together?
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Customer: replied 1 year ago.
Hi Clare
4 years marriage and total 8 years with cohabitation. I have wondered how does one define 'short' or 'long' marriage!!I ready in articles today some other factors that make something not matrimonial is if income was not received by him and, clearly, if asset not in his name.
Expert:  Clare replied 1 year ago.
That is a medium length relationshipThere has been no decided case which has made clear what the court will view as non-matrimonial - so be careful