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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34875
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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I am looking at an unwanted divorce from my wife. Which is

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hi. I am looking at an unwanted divorce from my wife. Which is her choice not mine. Before we met, I accumulated properties jointly with my brother, as buy to lets. Would my wife have any legal entitlement to these properties? Based in England
Customer: replied 1 month ago.
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Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Thank you for your question

My name is Clare

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

How long have you lived together and are there any children involved?

Has the income from the buy toilets formed part of the family assets at all?

Customer: replied 1 month ago.
Hi Clare. Thank you for responding.Answers to your questions -We have lived together for approx 3 years. We had a child together in 2014, and married in November 2016. My wife said around may 2017 that it was over and I moved out in august 2017. All the properties we have ever lived at are rented only, and not owned. We have never lived at any of the buy to let's.How do you mean by has the income been part of the family assets please?
Customer: replied 1 month ago.
Hi Clare. Thank you for responding.Answers to your questions -We have lived together for approx 3 years. We had a child together in 2014, and married in November 2016. My wife said around may 2017 that it was over and I moved out in august 2017. All the properties we have ever lived at are rented only, and not owned. We have never lived at any of the buy to let's.How do you mean by has the income been part of the family assets please?

How much are the buy to let properties worth?

What income do you and your wife each have?

Customer: replied 1 month ago.
Me and my brother own 9 between us. Estimated value of £3.2m gbp. Not including the mortgages that are on them. Minus the mortgages, approx 1.2m gbp.I am fully employed and self employed both totalling around gross 67k per year.My wife is a business owner and self employed on around 15k per year

How much will a two bedroom property in the same school area cost to buy?

Customer: replied 1 month ago.
Somewhere around 300 - 350k gbp
Customer: replied 1 month ago.
Somewhere around 300 - 350k gbp

The family court has wide powers to deal with any assets held whether jointly or by one party in any way that they consider fair

Separately owned property is only safe if the needs of the parties can be met from other assets

Their priority will be the safe and secure housing of the child - and since there are no other assets they will indeed expect you to use some of your capital from the buy to lets to purchase a home for your child and the mother.

It is possible that you will retain a percentage interest in that property repayable when the child is 18 - or if your ex cohabits - but that she will be 50% at most - less if you wish to avoid paying spouse maintenance.

Of course you may be able to negotiate a different settlement with her - but that is your worst case scenario should th matter go to the Family Court

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

Customer: replied 1 month ago.
Thank you. So I may have to make sure that they are housed, but will my other assets (property) that are nothing to do with my wife, remain mine and she can not have anything to do with them, as long as somewhere safe and secure is provided for my child?
Customer: replied 1 month ago.
Ps - please note that currently I am living at my parents house, and my wife and child are in a 2 bedroom flat of which my wife rents

Provided she receives sufficient to purchase a two bedroom property in a good area then the rest of your asset should be safe

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much for all your help.