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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I separated in May 2011 following over 30 yrs marraige.

Customer Question

My wife and I separated in May 2011 following over 30 yrs marraige. There hadn't been a marriage for over 10 yrs and we were both living separate lives although we both lived under the same roof and had some sort of an agreement!
I received my Decree Nisi in May 2012. My wife filed for unreasonable behaviour. Although initially my wife said that she was more than happy to split everything 50/50, she has now changed her mind and wants to receive a larger share from the family home. She was diagnosed with parkinsons disease a while after asking me to leave the family home. She has remained in the family home since May 2011. I am still paying for most of the bills but am also paying a rent every month. I work full time and my wife works part time. She also receives an income from letting out a static caravan and an annex to the famiily home for a few number of years, money which I have never seen or asked for a share of. I earn a wage and I have a pension. She works part time like I said and still earns an income from the renting of the properties. Knowing that my wife has a condition, I have not made any attempt to push her for a sale of the house. I have left it for her to tell me when she was ready. I have no idea what stafe of parkinsons she is in but she has said that her condition isn't severe enough to receive any benefits. Hence the reason to seek a higher percentage for the family home. There will be no direct inheritance from my side but my wife is likely to receive a substantial amount. I am now in a position where my wife has approached a mediator to help us discuss the financial settlement. She never approached me to discuss anything directly first. I want to know what sort of outlook am I looking at? Does the fact that my wife's condition, substantially favours her side to receive more from the assets. I don't have any objection to a higher percentage as long as it is within reason. What in your opinion is reasonable in this situation. I really would appreciate a direct amswer to this because I have my lads who are grown up to think of as well! Please help!
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions
How much is the house worth and how much is outstanding on the mortgage
What is the value of the other assets, including your pension and what income do you each have?
Claire
Customer: replied 3 years ago.

Hi Claire,


What other assets do you mean? The property plus land is worth approx £400K. Outstandiing mortgage is approx £20K. Not sure what the value of my pension is to date. My income is approx £25K but not sure what my wife earns from various means?


Thank you

Expert:  Clare replied 3 years ago.
Hi
How much is the Caravan worth?
Best guess onher income?
Claire
Customer: replied 3 years ago.
Hello Claire,
At best guess, the caravan is worth approx £6K to £7K. My wife told me last night that the caravan was hers and that I wouldn't get any share of the profits from it! The caravan was all hersI can't find the last pension statement but I have worked for the same company for over 18 yrs! Don't know if this gives you an indication of value! My wife wants a higher percentage of the house and land but is not prepared to include the caravan as part of the assets! I believe she is working full time but I have no idea how much she is earning! Can you calculate this on the basis of the NMW?
Thank you
Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom bungalow in the same general area cost?
Claire
Customer: replied 3 years ago.
A two bed bungalow would be in the region of £200k to £250k! She said she could easily find a house to move to! What she was more concerned about was money to live on due to her illness! How will the courts look at this? Her condition is only mild at oresent and she is on medication! Although I know this is a progressive condition, there is no guarantee she will get severely worse for a number of years if at all! She is still able to work at present therefore what will the coutrs be considering!? From what I could read between the lines last night, she is looking to get in the region of £100k more than I do from the sale of the house!
Expert:  Clare replied 3 years ago.
Hi
The Caravan does indeed form part of the assets which are to be divided between you.
There is a large matrimonial pot to be shared between you and the starting point is 50/50 - so in the region of £190,000 each - plus she gets 50% of your pension.
I suspect that given her illness a court would wish to see her safely rehoused so might well give her a slightly larger share to ensure that - say £220,000 to your £160,000 with you keeping your pension
However this can only be the roughest of guides based on the very limited information that you have about her situation
Claire
Customer: replied 3 years ago.
My wife has decided to use a mediator to discuss the financial aspect of the divorce! A meeting is due to be arranged! Although I would have been more than happy to sit down and discuss amicably with my wife with the hope of reaching a favourable agreement between us, she never gave me the opportunity! I have been backwards and forwards from my rented accomodation (50 miles round trip) to decorate and make alterations to the house on her request! I have paid for all the materials myself!
There is a good chance that I can gain further information from this meeting with the mediator about her income etc! I believe she also has her own personal pension! I take it that this will form part of the assets also?
Will it be OK for me to just pass it by you when I have more details! I'm not looking at being greedy here, just want to know what is fair and what will be expected given the current state of affairs!
Thank you very much
Expert:  Clare replied 3 years ago.
Hi
Mediation is always a good way of discussing the financials between you to try and resolve matters - and yes there will have to be a full exchange of information.
Feel free to ask for more information as things progress
Claire
Customer: replied 3 years ago.
If I rate yor service now, does that mean I will have to pay again if I pass things by you at a later date! I don't want just to receive general information, I would appreciate a more realistic projection!
Sorry for the questions and thank you again.
Expert:  Clare replied 3 years ago.
Hi
I have given you the most realistic projection I can give on the facts you provide.
If you need detailed advice then the only option is face to face advice from a solicitor who can review all the paperwork with you
Claire
Customer: replied 3 years ago.
Sorry, I didn't mean for that to sound ungrateful! I thank you for your responses and appreciate the answers you have given! I was only asking for one further contact following my meeting with the mediator just in case you could shed some further light on things for me! I am am an honest man and I only wanted to get an idea if the fact that by having a condition now, that my wife was going to be in a very strong position to gain a lot more than myself from the sale of the house! My wife always had big ideas! She insisted on buying this house some yrs ago but the truth is it was over and above what was realistic in terms of trying to sustain it because it was too expensive! I have worked long hrs to make sure we could keep up the mortgage so as not to loose the house together with trying to pay for my sons college courses! It was a real struggle for me and all along my wife only worked part time and earned an income from letting the annex and caravan, none of which I saw or asked for towards the househd bills and the boys college costs! This is why I feel so dejected at the moment although I do take into account that at this monment in time, I still have my health where as she doesnt! I guess we can't put a price on that! Thank you for you time!
Expert:  Clare replied 3 years ago.
Hi
Please try not to panic too much, yes her illness will get her a larger share - but nothing in the region that she has suggested.
Feel free to come back to this thread if you get new information - follow ups are free!
Claire
Customer: replied 3 years ago.
Thank you so much
Expert:  Clare replied 3 years ago.
Hi
You are welcome
Claire

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