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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2735
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Please would you be able to provide me with advice. My

Resolved Question:

Hi . Please would you be able to provide me with advice.
My husband deserted my self and my son 5 years ago on 7.1.2017. At the time my son was in 6th Form and school and has since attended university. He is currently in his 3rd year.
At the time my husband deserted he also committed adultery .
He is now asking for what he is entitled to from the marriage.
As a result of him leaving I had to sell the marital home as I could not afford the mortgage on my own. As a spouse, he contributed towards payment of household bills and the mortgage
I sold the house within 7 months of him leaving and at the time because I was financially detrimented I could not afford to give him 50% of the capital proceeds of the house only half of that as I had to find and buy somewhere else to provide a roof over mine and my sons head.
Temporarily I moved into my mum and dads house for a year which had been renovated to rent out since I lost my parents.
During the renovation my husband assisted with painting, tiling and replacing one window .I eventually sold this property which has enabled me to buy the property I am currently living in but also have a small mortgage in my name only.
My husband believes that he can claim on some of the capital made on my parents property which was left to my brother and I
I formally retire on 26th November this year at 55. As I have worked for a pension company all my life
Please would you confirm the following:
As a result of desertion and adultery is my husband still entitled to 50% of the capital made on our marital home ?
Does he have any claim on the capital made from selling my parents home which was gifted to myself and my brother, due to the work get carried out on it.
Is he entitled to any of my pension ? If he claims on this then the pension pot will run out well before I am 80.
Does he has any claim on the property I currently live in ? .
Many thanks
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Is your name on the title of your parent's property?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-What capital remains from the sale of the home?

Customer: replied 10 months ago.
Hi . I live in England
My husband is 56 and I am 54
At the time of separation we had been married for 23yrs
My parents property was mortgage free but my brother took out a small mortgage on it many years ago to pay off debts accrued when his business failed. The mortgage was in his name only but a deed of trust set up to pay me 50% of the proceeds of the sale . Which I received in July 2013
The only asset I have is the current house I live in which is mortgaged by £50000. I have my employment pension which I can draw on from 26.12.2016. My husband rents so no assets and he does not have a pension. The current Value of my pension fund is £500000.
My husband has an income of £10500 net per year . I don't have an income as such as resigned from my job due to I'll health in June of this year. I am currently being supported by my brother until my pension starts on 26.11.2016.
There is no remaining capital from the sale of both the marital home and my parents house as this has been used to purchase the house I am in now .
The proceeds of the marital home, once sold, gave us £72000 in capital, of which , I have already given my husband £15000 of .
Customer: replied 10 months ago.
Does the fact that my husband deserted my self and my son , having commited adultery and my son was still in full term education, mean that he can still claim on 50% of my assets ?
Expert:  Harris replied 10 months ago.

Thank you for confirming. From what it appears according to your information the only remaining assets are your pension and the current home and these are the finances the court will deal with if a financial application is pursued.

Unfortunately, desertion and adultery are not factors the court takes into account when dividing assets in a divorce, and generally the courts only use financial misconduct as behaviour that would impact a divorce settlement.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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