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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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My wife and I are getting a divorce and dealing with the

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Hi My wife and I are getting a divorce and dealing with the financial matters. One things that has come up from her solicitor is that we have two cars both of which are in my wife's name. My wife's is moving out of the family home and her solicitor has ask me to pay her £600 a month for living expenses until financial matters are resolved. I have two child from a previous marriage which live with me and will stay with me.But the question I would like answered is:My wife's solicitor has given me 10 days to come up with £12,000 to pay off the finance on the car that I use or my wife will take the car and sell it herself, of course she will keep the other car, remember they are both in her name but I use one of them for work as I am traveling sales man.Is there anything I can do to stop her from selling the car. I would be happy to buy it but don't have the money until the other finances are worked out. Could I put a lien on the car? Can I argue that as I need the car for work should she take in back I will not be able to pay her anything, but I would be happy to pay the monthly finance cost until all the finances are resolved.Many thanks *****
Submitted: 7 months ago.
Category: Family Law
Expert:  Clare replied 7 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What income do you each have?

Customer: replied 7 months ago.
We have a limited company that we are both directors of but I own 100% of the shares. We would share the income equally for tax purposes. Typically the income would have been Circa £40,000 and this would be paid to us both from a directors loan which is now depleted, dividends and salary. Although each month I would pay off my wife's credit card from the business account which would be day to day living expenses.
Expert:  Clare replied 7 months ago.

Will that continue when she moves out- will she still work in/for the company?

Customer: replied 7 months ago.
No. Also she did not get involved in the day to day running of the company. I am worried about the car that us in her name as I have ten days to buy it or she will take it back. With out it o will not be able to work
Expert:  Clare replied 7 months ago.

You should write back to the solicitor pointing out that the car is a family asset and essential for your work.

Confirm that you will of course meet the monthly payments and that as soon as the overall settlement is agreed and you are able to do so you will settle the debt.

Tell them that is this is not acceptable and your wife goes ahead with her plan then you will have no income form which to make the payments she has requested - and of course it will seriously impact her financial claims upon you.

If the divorce petition has been issued you could add that your other option is to make an urgent financial applictaion for an order prohibiting the sale of the car which owuld increase the overall costs - and that if you have to do that you will ask the court to consider making a costs order against them.

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

Customer: replied 7 months ago.
Thank you for the answer as regards ***** ***** situation. What would your view be on the request to give my wife £600.00 per month for living expenses when she moves out? I take the view that I should offer to do this for a period of 3 months by which time I would expect her to have found employment, I could even offer her employment where she could earn this on a commission only basis. Of course I would expect that the 3 months of £600.00 IE £1,800 be taken into account when any final settlement is reached, unless of course she achieved this amount by sales commissions working for my company.
Expert:  Clare replied 7 months ago.

How long have you lived together and what employment skills does she have?

Customer: replied 7 months ago.
We have lived together for approx five and been married since June 2012.She is a very experienced business woman.She has run her own small business in the past and had senior management positions earning £60K plus PA within the transport industry.She is highly intelligent and capable of returning to the work place in a senior position, in fact she has often bragged about her marketability within the transport industry. She has in the past earn more than me and if pushed could do so again. I will re-emphasize she has bragged about how she could easily find employment. In fact in her previous three marriages she has been the main bread winne (including that I was her first husband and she married twice in between and before we remarried in June 2012 to make our marriage her forth)I attach her CV
Expert:  Clare replied 7 months ago.

The length of your relationship and the fact that she has been out of independent employment for a few years means that interim spouse maintenance is a certainty - with a year being a likely minimum - and no it will not be deductible at the end.

£600 a month whilst matters are being resolved is reasonable

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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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