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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34137
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, I left my husband 4.5 years ago due to domestic abuse.

Customer Question

Hello,
I left my husband 4.5 years ago due to domestic abuse. I was given a place in a refuge but ended up staying with a friend. The children and I lived in a number of different rented properties before ending up homeless living in a b&b. We are now in a council house. My husband has contact with the children but they mainly reside with me. He has paid maintenance for the last few years.
My husband and i had owned a house together. This was sold soon after the split. The proceeds of the sale were not evenly split - he got 2/3 and i got 1/3. He pressured me into this and i was scared so i agreed. The conveyancing solicitor would not release the money as she thought i was being coerced. I had to write a letter to get it released. He also got other assets which amounted to a lot of money.
My husband went on to buy another house straight after the sale of our joint home. He also has a good pension. I am in a lot of debt and work part time.
I have not sought a divorce until now for fear of it being too antagonistic. I am considering applying for a divorce but wondered what i should ask for financially.
Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 did you each receive from the sale and how much is his house now worth?
What income do you each have and how old are the children
Clare
Customer: replied 3 years ago.

I received £21,000 and he received £42,000. I wrote in my letter to the conveyancing solicitor that he wanted it as a deposit for his new house. This is what he did use it for. I think his new house is worth £250,000. I imagine he will have still have it part mortgaged.


He earns £44,000 and i earn £5,000 plus welfare benefits. The children are 19 (not his), 10 and 8 (his).


Thank you

Expert:  Clare replied 3 years ago.
Hi
What other assets did he get?
Clare
Customer: replied 3 years ago.

He got the car (which i think was worth £7,000, he traded this in so it's value can be proved). He got most of the furniture...beds, mattresses, piano, w.machine - none of it was immense value but i had to replace it.


Out of my money i also had to give my Dad back £2,000 for work he had done on our house.

Expert:  Clare replied 3 years ago.
Hi
Since you are still married you still have a financial claim on all your ex's assets - including his new home.
Account will have to be taken of the money that you have already received -and of the money that you have paid out.
You may also still be entitled to an extra lump sum in lieu of spouse maintenance
Without knowing the extent of his assets it is impossible to give a figure - but a substantial lump sum is likely to be due
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Goodness me....just to clarify.... even though we have been separated for 4.5 yrs, because we are still actually married our assets are seen as joint?


Is there a time frame on this as it may take me another 6mths or so to pluck up the courage.


Also, can i ask...what does 'in lieu' mean ?


And finally...he has a pension and i stopped paying into mine when i left work when the babies were born. Am i entitled to a bit of that too ?


Thank you


 

Expert:  Clare replied 3 years ago.
Hi
Had he been as clever as he thought he was being and only taken a smaller part of the assets the court would be much less likely to have taken his new property into account - but by being greedy he has created a position where part of "your" money was used for his new house - and no there is no time limit involved.
"In lieu" is a fancy way of saying "instead of"!
And yes you have a very clear claim on half of the pension that has built up whilst you are married (including the last five years)
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX when i read this. He has scared and bullied me for so long, and i am not the woman i could have been. He laughed when we were living in the b&b and calls me mantally ill. The court has given him lots of child contact so i have to see him. I have been taking out wonga loans, using food banks etc. I am not interested in money but i would like my faith in fairness restored.


Thank you Clare, you provide a great service.

Expert:  Clare replied 3 years ago.
Hi
You are welcome - and do check that he is paying the right maintenance
Clare