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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hiya, I am currently married. The marriage has broken down.

Customer Question

Hiya, I am currently married. The marriage has broken down. I am wheelchair bound my partner has refused to convert the house. I wondered if I give him permission to leave, or if I leave the house to begin separation whether it has any bearing later on for settlement. There are no kids involved or issues of property or joint monetry accounts. The only monetry issue is I paid nearly £40,000 for an extension due to emotional abuse in April-as that was my accident compensation. Is it fair for me to ask for that back as I fear he will try and take more money as I still have my own house. I would want that back but nothing else.
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 question
How long have you lived together, how much is the house worth and how much is outstanding on the mortgage.
What other assets are there
Claire
Customer: replied 3 years ago.

We have been married for 12months end of february. Living together since march 2012. I am currently living in his house wrth about £250,000. Mine is worth £120,000 and there is about 20,000 left on mortgage. I am not entirely sure how much is left on his mortgage-guess definately excess of £100,000. I assume alot as he is only paying interest only option at the moment in time. He never let me see anything to do with finances. I have contributed like a monetry amount per month whilst I have secured a job towards expenses. I dont want any of his assests. He has very expensive car, and an ISA left for his death. But I am unsure as to the value-again for the same reason.

Expert:  Clare replied 3 years ago.
Hi
How much did the extension on his property that you paid for increase the value
Claire
Customer: replied 3 years ago.


Hasnt been revalued as of yet. Sorry do not know the answer to that.

Expert:  Clare replied 3 years ago.
Hi
Do you have somewhere safe to move to - can you return to your own home?
Claire
Customer: replied 3 years ago.

I currently have tenants in my own home and do not have the salary to financially support me in it at the moment. I do not have any family close to me and no female friends as I do not want anything misconstrued for adultery-as he would try to push that to get more money out of me, by sharing with any males. My colleagues work themselves live in rented accomodation so I cant share with them. I also have an almost 10 yr old child from a previous relationship to take care of.

Expert:  Clare replied 3 years ago.
Hi
Is there anywhere for you and your daughter to go?
What are your long term plans?
Is there any violence in your current relationship?
Claire
Customer: replied 3 years ago.

Not in the immediate area. long term plans...ultimately not be together to move back to telford to my adapted property or get another property in manchester adapted depends on jobs available. but staying where in manchester at the moment is the only op;tion to me. no violence emotional abuse yes. and he does refuse to bring my wheelchair upstairs when I've asked on occasion. he just wants to screw me for money.

Expert:  Clare replied 3 years ago.
Hi
Is likely to be willing to leave?
How long will you need to rehouse yourself?
Claire
Customer: replied 3 years ago.

yes he would be. However I do not wish to be living and paying expensive rent in his house. Does it matter if I leave or he in ideas for settlement?


 

Expert:  Clare replied 3 years ago.
Hi
Why do you think you would have to pay rent?
Claire
Customer: replied 3 years ago.
He calls it a contribution but rent really as he likes to make money.He wouldnt let me live there whilst paying him nothing. So what is current advice?
Expert:  Clare replied 3 years ago.
Hi
You are fully entitled to live in the Matrimonial Home with your child and you do not have to make any financial contribution to your ex at all - and he cannot force you to do so.
If he is not living there then you will have to pay your bills - but no rent.
Given the very short nature of your relationship the Divorce Court would try and return each of you to the financial position you were in at the start of the relationship so far as possible - so yes you can claim back the money that you have spent on his house and this is a reasonable request and one which the court will wish to achieve
Claire

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