Thank you. In which case, I
wouldn't be too worried about her selling the houses off if you are only
interested in the value and not the bricks and mortar although I would get your
solicitor to register a matrimonial home right on the matrimonial home to
prevent her trying to do the same with that.
You fortunately, you have a
paper trail all the money you paid and even though these properties are not in
joint names the way they have been dealt with, you paying the deposit and doing
the work etc certainly would appear to mean that they were and were meant to be
matrimonial assets. In that respect, you have just as much claim on them as if
they were in joint names.
For the purposes of the
financial split of your divorce, it is a case of lumping all the assets of you
both together and then dividing them.
You have no children so it is
purely the finances between the two of you which are to be resolved.
If you put the value of
everything in the pot, then after a longish marriage (10 years or so, you do
not say how long you will have been married or how long you have been together)
and everything is likely to be divided 50-50.
That would include all the
matrimonial assets, houses, matrimonial home, savings and her pension, and any
pension that you have. She may want to keep all her pension and would trade off
some of the other assets.
She can be made to account
for all the sale proceeds of the houses and this will be taken into account. It
would certainly save you the problem of waiting for the houses to be sold in
order to divide the proceeds and it would avoid you having one property and her
having the other etc.
There is a possibility of a
liability for spousal maintenance, maintenance paid to keep a spouse , as
opposed to children. Although most commonly paid from husband to wife, that is
not necessarily the case. Spousal maintenance is based on both incomes, ability
to earn money, previous lifestyles and most importantly, need. It is not about
equalising incomes. There is no exact formula, but these links will give some
As you will probably
gathered, this is not a do it yourself job although there is no legal reason
why you cannot do it yourself.
You should try to resolve
matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php
Although it is quicker and less
confrontational than court it isnt necessarily cheaper
If she attempts to stop contact then you need to try and discuss
matters with her using. If this fails then you are faced with court.
Do try to resolve the financial
issues between you because power of solicitors arguing will cost £500 per hour
and that soon gobbles up massive chunks of what you are arguing over generally,
costs are not awarded to the parties arguing over money.
There is no legal aid for this.
Does that answer the
question? I am happy to answer specific points.
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