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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Does anyone know, in uk law,.. If dissipation of assets can

Customer Question

Does anyone know, in uk law,.. If dissipation of assets can be used when my exes infidelity led to a forced break up (she changed the locks). The family home is phase one of my development, which represented my pension. She is now forcing the break up and sale of the only partly completed development (our house) which means I will never realise the profit of 20 yrs planning and work. Can future potential profit lost by her premeditated means be classed as dissipation of assets?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that there is no way that this would be viewed as dissipation of assets.

That is about deliberately disposing of existing assets - not ending the relationship before potential profits can be realised

However the loss of your pension can be argued as a point in the negotiations

I hope this is of assistance please ask if you need further details

Customer: replied 1 year ago.
Ok Claire, thanks,.. How do I me it a pertinent point in regiment? Do I declare my intentions in a statement in advance to her lawyers and the court,..or hand it then as I go in? They tend to just hand me stuff as we go in, so I don't have time to prepare a response.
Customer: replied 1 year ago.
Also Claire,.. Am I legally allowed to have someone like you, live on here when I'm cruelly in court? Like a McKenzie friend almost but virtual?
Expert:  Clare replied 1 year ago.

What is the name of the next hearing and have you been told to file a statement

Customer: replied 1 year ago.
I'll have to look it up, I'm away at the moment on my boat.
We are near the end of financial arrangement stage. Have given financial statements etc. And was asked for more,..which I've given and so has she. She was concealing income,..it is now largely issued, if that helps see where we are.
I am only expecting 1 or maybe 2 more hearings,..but we are at loggerheads as to how to device the estate. All valuations in and tentatively agreed. Has without prejudice offers from her lawyers in response to my own, but they are nowhere near each other.
I'm after 50/50 based on that my future income and pension were reliant on my development and that she manipulated events to force us to now split it and sell in undeveloped. I'm gutted if I can't get any leeway on it, as it has been my life's financial plan for 20 yrs,..all investment in me and my property specific to completing development myself. I became a construction manager specifically to gain skills to complete it myself.. Literally exactly at the point I had achieved this, she broke up the marriage with infidelity and worse. I have no other pension, my eggs were well and truly in that basket, and it would have led to a very comfortable retirement for us both.
Customer: replied 1 year ago.
I wasn't asked to file a statement.
Customer: replied 1 year ago.
Actually in court,.. Not cruelty, though it often feels like that.
Expert:  Clare replied 1 year ago.

How many hearings have there been so far?

Customer: replied 1 year ago.
Four.
Expert:  Clare replied 1 year ago.

All financial?

What offers of settlement have been made?

Customer: replied 1 year ago.
We have three properties, a house, (around 90,000) a development site (undeveloped value around 60'000) and a small site with no current development plan, value around 15/25'000).
She has offered :she keep house and half the land of the development site to add to the house site so she can extend further. Sale of remainder of the site and proceeds to her and to her mother who lent her a sum of 40,000 when we purchased the derelict cottage to add to my development site. This will leave nothing as the sites value is little with the land gone.And I keep the smallest property.My offer. She keep house on land registry footprint existing.
Sell fire station and split money.
I keep small site o put mobile home on for visiting kids.
Expert:  Clare replied 1 year ago.

Why would she need to extend?

What pension provision does she have?

Customer: replied 1 year ago.
She essentially wants to continue the development of the family home separate to the main development it was to be part of,.. To provide more room as the kids grow.
Just state pension. The development was to be both our pensions.
Having said that, she is one of only three children and only her mother remains and is in her 80's. So she will receive a large inheritance.
Customer: replied 1 year ago.
It turns out now, that her mother is also making a claim against me for the £35,000. I heard today, another complication I could have done without. I state she lent no money to me, only to her daughter. That being her stake in my development.
I await a copy of the order to arrive,.. It's arrived at my address and my girlfriend is sending it to me.
Expert:  Clare replied 1 year ago.

The money for her mother certainly need stop come from the capital prior to division in any event.

How many bedrooms does the matrimonial home currently have and how old are the children

Customer: replied 1 year ago.
It has a master suit and a children's suit. It was three bed but we converted the upstairs to open plan kids area. Hence need for another bedroom. However as it was three bed, this can be achieved by re-devising the existing..or extending onto its own garden, not into my site adjacent. The design was originally to incorporate all of it into a courtyard gated development.
Customer: replied 1 year ago.
Children are 8 girl, 6 boy. Hence need.
Expert:  Clare replied 1 year ago.

How much would it cost to turn it back into a three bedroom property?

Customer: replied 1 year ago.
Minimal, around £1000. A door and a partition wall.
Customer: replied 1 year ago.
My concern, is she will be allowed to keep the house,..of course. Which is the primary asset..in both usefulness and value; and that her mothers money, will be taken from the sale of the remainder, leaving me insufficient to get a house by a long way, even another derelict, while leaving her with the house.
Expert:  Clare replied 1 year ago.

Aside from that loan is there a mortgage on any of the properties?

Customer: replied 1 year ago.
No. And I currently disputed it's a loan,.. It was merely my wife's share of early inheritance after her father dies, and by marrying me and moving out her mum could downsize,..I'm quite annoyed I'm being made culpable for it. Though I hold little hope of judges sympathy on the matter.
Expert:  Clare replied 1 year ago.

I see

Sadly you are correct - it will almost certainly be treated as a lion and thus as a joint debt

The capital assets amount to £170,000 against which there is a debt of £35,000

On that basis a position where your ex has the larger property you have the smallest property and the third is sold, her mother paid off and the balance divided equally between you is a realistic settlement

Customer: replied 1 year ago.
I thought that likely, however she also want a major chunk of the second property, to add to the family home and extend,.. This will equate to far greater than half our assets, and with the "load" to be paid from the second, after she has divided it again, it will likely barely cover the loan. Leaving mewing £15000 and her with near £200,000 once extension completed on my old land. Seems rather, unequal.
Customer: replied 1 year ago.
Her mother is certain to simply give her the £35,000 once we are all done.
Expert:  Clare replied 1 year ago.

What she wants and what she gets will be two different things.

Half of the remaining equity in property 2 will allow her to turn the matrimonial home back into a Three bedroom property

Customer: replied 1 year ago.
how do I approach it so I get the smallest, and a stake to start again? There is not more than 50'000 in the second property if she gets a section of it,..so if 35 comes of that before its halved !
Expert:  Clare replied 1 year ago.

But she doesn't need a section of it does she

Customer: replied 1 year ago.
Oh I see, no. Not need, no. I'm seeing it now. What was once a three bed, can be again,..I only did it maximise their play space,.. It was two smaller rooms before. There is the hitch that as I planned on combining them, a made a second entrance facing onto my land and the conservatory has around 3 Sqm of it too. Not on the land registry I hasten to add. To me it was only temporary as it was to form part of a much larger development.
Expert:  Clare replied 1 year ago.

Ok so she has to have a small part of it - but that is all

Your written offer should be made taking all this into account

Customer: replied 1 year ago.
But the section she wants, includes the entrance. Removing the entrance easily halves the value of the property remaining, if another £35,000 must come from what's remaining, there will be nothing left to split. My return on twenty years planning and work, will be third property, around £20,000 if I'm lucky and no capital to even attempt planning, let alone any development on it. Yet she will gain a £200,000 property once completed to my plans. Doesn't seem fair when I was my intellectually property, my plan and my development,.. Yet she takes the cream with what was to be only a small property within a large development, leaving the remainder without value. I get the corner of a field. It won't even cover my tax dept for last year.
Expert:  Clare replied 1 year ago.

Is there any way around the entrance issue?

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Alas no,..it's the entrance she wants.
Customer: replied 1 year ago.
what tac do I take?
I) my need for a house is almost as important for my children and their happiness as hers; as I have them every other weekend from Friday to Sunday night.
Ii) the existing home was originally a three bed and can be easily so again on the same footprint.
Iii) that the money to her mother should be paid from the who.e prior to division. (Should I add a note that in my planned development there was the inclusion of a granny annexe specifically for her mother!)
Iv) how should I approach entrance? She has another pedestrian entrance and somewhere to park, but the house never has had and doesn't have a vehicle entrance of its own, it uses a shared entrance under the viaduct next door with a car park.Also Clare, I know it sounds foolish, but last year I had a complete psychological breakdown because of the relentless abuse I received from my exes family, lovers and friends. They all knew I suffered badly from PDST, indeed this is likely the cause of her rejection of me as a man and taking of lovers in the first place. I tried and financed mediation, two lots because she didn't agree with the first,.. Both of which she refused in the end. Knowing that I had great trauma due to losing ,y first child through the court process, despite after many years fighting and eventually being exonerated.. (Too long had passed and parental alienation deeply ingrained) this is why she refused all offers,.. Offers which have now been made back to me,.. I assume because her lawyers are telling her they are much better than a court will give. They left me only the smallest property, the bunker,.. As somewhere to park a mobile home. At that stage I just desperately needed peace, stability and a stable base,..any base. I was at great risk of ending up homeless and destitute. It was only my ingrained work ethic and the luck that I had a strong contract that needed me and a position that despite my, instability I could focus on. Thank goodness for work.There is another tac to this, I have an as yet unknown and very large tax bill due for last year. I am doing my accounts soon. It is likely a dept of £20 thousand plus at least,.. And I have no savings. I was moving from hotel to hotel, rental to rental. Being all my clothes anew,..buying everything anew as and when I needed it. When I had my children I spared no expense,.. As I truly felt it was all that mattered,.. Cushioning my children against the storms that raged around them. I was financially irresponsible and like.y to be in a lot of trouble come the bill. Is this shared dept?
Expert:  Clare replied 1 year ago.

What was your income last year?

Customer: replied 1 year ago.
No idea yet, but my business turned over about £85,000 and my books are a mess. I'm trying to untangle it at the moment.
Customer: replied 1 year ago.
At the best of times I carry very high expenses, but 15-16 I was contracted as working near home,.. So had none at all. It's a mess as I had no other "home address" so the tax position is comparable.
Expert:  Clare replied 1 year ago.

Do you trade as a limited company?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I started last year,.. Not by choice, the system changed. I was cis4 for most my career. Hence why I got a little behind. It was not the best year to have to be much more organised than usual. I am disslexic and find it a minefield.
Expert:  Clare replied 1 year ago.

Then the tax bill is unlikely to be that high.

It is not a joint debt as such but it will be a debt that needs to be taken into account in the proceedings

Your approach should be as set out by you - with a realistic approach to the entrance issue