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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband & I have agreed to divorce, hopefully amicably.

Resolved Question:

My husband & I have agreed to divorce, hopefully amicably. We have been married 6 years in March, no children. When I moved in the house he had only a deed safe mortgage attached (approx 200.00) to the house and was in his name only,this still remains. I received a settlement from my previous marriage of 68,000. All of which came with me and was used to either pay bills, purchase bikes, cars, work on the house plus general living. This was in 2008, we married in 2009. My husband lost his job and did not work properly until 2010 until we then set up a limited company of which I am company secretary an joint shareholder. I have managed the business with no drawings or wages.We both changed our wills after we married to joint/mirrored. I have an outstanding consent order to the value of 30,000. The solicitor at the time did not include this as he said all assets are joint now you have wills and married. My husband wishes to divorce quickly, however says I am not entitled to a thing.Surely this cannot be right?. Also we both have pensions. I do not wish to take more than I am entitled to by law and what is fair. I need to be able to start a fresh life in the knowledge that I am being provided for. I have poor health and have asked if I can stay in the property until A, better and B, the house sells. It has been on the market since October 2013. Can you please advise?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth now?
How much is the business worth?
What income do you each have?
Clare
Customer: replied 2 years ago.

Hello Clare


 


Thank you for your help


 


The property is on the market for 299,950.


 


More background info:


 


In December 2012 my husband left for Africa to work when I was not well and I suffered depression as found it hard to cope on my own due to ever increasing health problems. Its a huge house and we have a dog too. We discussed divorce then as his work was always coming before anything else. I was unhappy & ill.He wanted to work and chase the money, I needed support.


 


By May nothing had changed so I moved out renting a smaller, more manageable house on works doorstep to make life easier.During this time I still took care of the house by visiting and managing the business even tho I was not well.If I did not he could not work, he needed my support. We agreed to try and repair the marriage and I moved back in July. Even agreed to finished work on the home and sell up and move south where I have friends, so a better support system for me while he was away.


 


I worked right up to June last year when I went on sick. Mainly due to a spinal op that went wrong in 2011 and stress. I managed the business and did my accounts manager role too. It just became too much especially with David away all the time and no support.I had falls downstairs and several other incidents with no-one at hand, it was very upsetting.


 


I was paid by my employer till August last year when it was obvious that a return the work was not viable, I left.


I earned approx 20,000 pa.


 


In September I signed onto JSA, mainly advised by David. It is something I had never done. I have always worked and had very responsible managerial roles. This has now stopped as my health is no better and I need to get well first. I sought a specialist last week and are on a strict course of treatment over the next 2-3 months.


 


David's income has varied over 6 years due to his self employment. He is a contractor so work is either there or not.As we have had no mortgage we have been able to manage even in the rough times as my wages always covered the bills. When it was really tough we sold assets such as bikes to get by. The last 3 years have been tough Firstly my health then David discovered he had a thyroid issue, he got medication so he was able to return to work. Mine sadly no pills or injections could ease.


 


He agreed to get work on a decent rotation and to take care of me financially.After all running the business is a job in itself. As my health deteriorated dramatically while he was away it just all caved in again A 4 week trip to Kenya again over Christmas ended up been 7 weeks.He returned on Sunday to a very poorly wife.


 


He is adamant that I am entitled to nothing and wants me to do a diy divorce on line and move out, end of.


 


On top of all this David is a compulsive dating site/chat line addict. We married in March 2009 and by the September he was back on them. We have discussed this is depth and my stance on the matter. He insists its just a drink, chat & company while working away. I am no fool and last year said enough is enough, there have been lists of women over the years but none he says was any other than company. I have been a very supportive wife as I love my husband but I am no fool. As sexual relations cannot be proven I cannot recite adultery or even desertion while hes away working.


 


I am quite frankly to the end of my tether and really feel that I will end up with nothing unless I seek a managed divorce. One route I really did not want to have to do as I have been there before. It is not pleasant. Taking him to the cleaners like he suggests is certainly not in my nature either. I just need to know my rights.


 


Regards


 


Sarah


 


 


 


 


 


 

Expert:  Clare replied 2 years ago.
Hi
How much would you need to purchase a one bedroom property in a reasonable area near some support.
What income does the Company given him - and is that his only source of income?
clare
Customer: replied 2 years ago.

Hi


 


Having looked this morning they range from £125-150,000. This is in Suffolk.


 


The company gives him a monthly salary of £641 plus on average 6-10,000 per month in drawings depending on contract.


 


He gets an annunity from his ex wife's pension of around £25 per month.


 


My concern is the deeds on this house are just his name. This is what he believes I do not have a claim on regardless of will. My 30,000 on my previous consent order is as far as I was aware half his because we are married. This I do not have a problem with.


 


Sarah

Expert:  Clare replied 2 years ago.
HI
Your husband is wrong - you have a clear financial claim on the Matrimonial Home.
You have the right to live there so long as you are married - and can force a sale so that you receive your share of the equity.
how much that share should be is harder to assess
Yours is a short marriage - but you brought substantial capital in your own right, and have enabled to your husband to earn a more than comfortable living.
Your illness also gives you a claim for spousal maintenance which you may chose to capitalise.
On that basis it is entirely possible that you would receive £125,000 if that would indeed allow you to rehouse yourself.
This is however only a rough guideline
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare


 


Thank you, XXXXX XXXXX rough guide that last response makes me feel better.


 


What should we do with the joint bank account?. He still thinks he can do what he likes and yesterday wined and dined a lady friend using funds from our account and fuel paid for via the business account. All of this while I was ill in bed I may add.


It appears he is talking about booking a holiday next week abroad too and friends have suggested I should freeze the accounts or at least do something as nothing is to stop him spending what's in them. He could easily transfer funds out and into his own account. I know I could do the same but would not dream of it.


He's moving along fast and although I am still im the home it's becoming very tense and uncomfortable already. I do have friends I could stay with who would help and support me until I am well but that means leaving the home office and dog. Both I feel would be irresponsible as I have obligations to both.


Should I ignore what he's doing to aid my case, or should I contact my solicitor asap and start proceedings?



  1. He has been known to get violent especially where his hard earn money is concerned. I am sure when he knows I've been to a solicitor it will not be pleasant. There is the added problem of he's not here for long and any paperwork will come here, therefore he will not know about it for at least 4~7 weeks. Good for me but not if there's no monies left in the accounts. Thanks Sarah

Expert:  Clare replied 2 years ago.
Hi
how much is in the account - and where do the funds come from?
Clare
Customer: replied 2 years ago.

Hi


 


There is a balance of 2,500 in credit in the Nat West personal joint account with a 15,000 facility. On the business account there is a balance 12,000 in credit with an overdraft facility of 2,000 plus 5,000 available on the business credit card.


 


The funds in both are transfered from the business account monthly in drawings and directors salary. My job seekers allowance and monies owing to me from the balance of a car sale in December was put into the Nat West personal account for my share of the housekeeping.As was previously all my wages when I was working.


 


He has his own visa credit card that I am sure now he used yesterday. When this bill arrives it is normally just paid out of the joint account anyway. Will have to see about that as and when.


 


He has asked if he could draw some cash out this morning. I told him of course he could just let me know how much and its to be taken from the personal account. He seemed ok and I can check online later.


 


I really do not want to have to result to drastic measures if he can be amicable.


 


What do you recommend I do next?


 


 


Sarah

Expert:  Clare replied 2 years ago.
Hi
Since the vast majority of the funds in the account are put there by your husband freezing the accounts will cause you more difficulty than it will cause him.
Instead I would suggest that you ensure that your income is paid into an account in your sole name
Clare
Customer: replied 2 years ago.

Hi


Thank you for the advice.


 


One more thing. Would I have any claim on the business. I'm assuming he wishes me to continue to do the managing. I am entitled to ask for pay now and become an employee?


Also what about the pensions we both hold and my consent order? Is your advice to now seek a local solicitor and proceed?


Sarah

Expert:  Clare replied 2 years ago.
Hi
Is the Business essentially him or does if have a separate existance?
Clare
Customer: replied 2 years ago.

Hi


 


The business is jointly owned. He is the only one consulting through yes. I manage him, flights, contracts and all related accounts including payroll and tax.


Sarah

Expert:  Clare replied 2 years ago.
Hi
But without him there is no work and no company?
Clare
Customer: replied 2 years ago.

Hi


 


No Clare that is correct. He is free to place the company dormant if he wishes and could take a paye position, but that was why we started the limited company as contracts were more profitable via this system rather than an employed role. It is something is is not considering at any cost now and is seriously thinking of residing abroad as the tax benefits are greater than in the uk. He wants to maintain the company.


 


Sarah

Expert:  Clare replied 2 years ago.
Hi
Then there is in fact no value to the company and no claim that can be made on it
If you receive £125,000 then i would not expect you to receive a share of his pension - or him to share your £30,000
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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