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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I was married to my current partner in 1986 and divorcied in

Customer Question

I was married to my current partner in 1986 and divorcied in 1995 after a three year seperation. We have been living together since 1995.
When we got divorced our assest where never divided, as at the time there did not seem the need to do so.
Unfortuneatly after 18 years together it would apper that we have reached a point in our relationship, that we can no longer live together.

My Question is what am I intiteld too?
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What are the marital assets?
Customer: replied 4 years ago.


Family Home Value about 2.5


Francis Business


Savings

Expert:  Stuart J replied 4 years ago.




I am going to opt out of this for another expert to consider.
Please do not reply or it comes back into my inbox. Another expert will pick it
up at some stage. It is now open to all experts.



Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Who owns the property, how much is it worth and how much is outstanding on the mortgage?
Are there any children involved and what income do you each have?
Claire
Customer: replied 4 years ago.


Hi,


 


he property is in joint names and is worth about two hundred and fifty thousand possible. I beleive ther is about 70k left on the mortagage.


 


We have two children one is 23 and the other 19 both live at home.


 


Dee


 

Expert:  Clare replied 4 years ago.
Hi
What other assets and debts do you each have?
Claire
Customer: replied 4 years ago.


Well my other half owens a franchis business. We do not have any debts that I am awear off. There is also some savings.

Expert:  Clare replied 4 years ago.
Hi
Are the savings in joint names?
Claire
Customer: replied 4 years ago.


Only one account is which has under £8000.00


however the other main bulk is in my partnersname.


 


Dee

Expert:  Clare replied 4 years ago.
Hi
Did any of your personal money go into that account?
Claire
Customer: replied 4 years ago.


No. just like non of his has gone into the joint account.


 

Expert:  Clare replied 4 years ago.
Hi
I am afraid the fact that you previously married to each other does not change the fact that legally you have only been cohabiting and that accordingly you are only entitled to a 50% share of those assets which are held in joint names - unless there was ever an agreement that the shares shoudl be different
I appreciate that this is disappointing news - so please ask if you need further details
Claire
Customer: replied 4 years ago.


so, are you saying that i would only be entitled to 50% of the house and nothing else?


 


 

Expert:  Clare replied 4 years ago.
Hi
Yes I am afraid that your only claim is to 50% of the house - unless you were involved in his business in any way
Claire
Customer: replied 4 years ago.


This does sound some what unfair. I wish know that we had divided our essest when we got divorced 18years ago instead off lodging it with the court that he pays me 1p per anam until we are at a point that we need to divid evrey thing....

Expert:  Clare replied 4 years ago.
Hi
What did the court order say about the capital?
Claire
Customer: replied 4 years ago.


At the time he did not have this business...


 

Expert:  Clare replied 4 years ago.
Hi
What about the house?
Claire
Expert:  Nicola-mod replied 4 years ago.
Hello,

Just a quick reminder, there is another information request waiting for you here from the Professional. This means they cannot give you a full answer without that information.

Thank you,
Nicola