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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 854
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex wife didn't give me my full share of the sell of our

Resolved Question:

My ex wife didn't give me my full share of the sell of our house after the divorce and I found her hidden private account she also didn't declare, all together totalling £40,000 she owe me. I have tried to talk to her about it and she keep on avoiding the question and she says she doesn't care. I have the edvience, What i can do to get the my share back?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - when you divorced - did you deal with the issue of the matrimonial finances? was there a financial order? Kind Regards Caroline
Customer: replied 1 year ago.
Caroline
The house was sold as soon as the ex wife decided to walk out on our relationship after 20yrs together. Although it was hurtful, i dealt with it amicly due to 5yrs daughter. The ex. always handle the finances and we agreed between the both of us, the sell of the house will be 50/50. She only handed me £80.000 and she kept £120.000. She just keeps on saying she hasn't got around to it. She kept on promising, we can do the separation without the courts.
This has been going on for nearly 2yrs.
I have bank records and the house sell letters for proof and a copy of her private hidden assets account at the time of seperation. I was told I need to obtain a document/ application from the courts to get access to the hidden assets?
Customer: replied 1 year ago.
Jayson lawrence
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Jayson Thank you for your response. As the matrimonial finances was never dealt with by the court and as long as neither of you have remarried then you can still ask the court to deal with the issue of the matrimonial finances. The correct way of dealing with the matrimonial finances – given that there has previous been no financial order is respect of the matrimonial finances – is to now obtain one. You have to be aware that as there has been no previous financial order and neither party has remarried – then either party could still make a claim in respect of the matrimonial finances. The first step to dealing with the matrimonial finances is full and frank disclosure of all of the assets and liabilities for both of you. This includes everything and not just the property – but also any other assets they both may have. With a long marriage, over 5 years, the normal starting point for the division of matrimonial assets is a 50/50 division of all assets. The Matrimonial Causes Act sets out several factors which can lead to departure of the 50/50. A few examples, the earning capacity for both of you for the future, future care of children etc I would suggest that you consider referring your case to family mediation. Family mediation will help both of you through the process of full and frank disclosure as well as discussions about division. That are lots of family mediation services and there will be one local to you. If you just google family mediation in your area and then you can give them a call to get the ball rolling. If your ex wont provide full disclosure or engage in mediation then you should make an application to the court so that the court can compel her to engage in disclosure and the court can also make the decision as to what the split should be. You complete a Form A and send this to your local family court to start the proceedings. The mediator will sign the form for you, so that you can send the form to court without it being rejected - to prove you have attempted mediation. Please do not hesitate to ask if I can clarify anything for you or assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.
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