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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to have advice concerning the sharing of proceeds from the selling of my house. I am the sole owner of the house but my wife has been living with me since we got married in 1998. My first wife passed away in 1997. I bought the house in 1977. This is the family home where my two sons born in 1970 and 1971 were brought up and lived until about 1999. The current value of the house is about £650,000. The value of the house when I got married my second wife was about £500,000. I had to take a second mortgage because my business was not doing well in 2000 and 2007. The total mortgage at the moment is £375,000. My wife is under the impression that she is entitled to a large proportion of this money. I believe that she is entitled to some of the proceeds but whatever she is entitled to should be based on the increase in value of the house between 1998 when we got married and the present value which is £650,000. Please advise me as to what proportion you think she is entitled to. Or what should be the base of starting to negotiate. Are my two sons who lived in the house from 1977 to 1999 entitled to any of the proceeds bearing in mind that the house was bought for £32,000 in 1977? The bulk of the increase in value took place during this period.

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.
What other assets and debts are there and what income do you each have?
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Thank you dear Clare for being my adviser once again.


Neither my wife nor I have any other assets in the UK. However my wife has a flat in Kiev (Ukraine) which she bought with money that I gave her. This is on her name only. I own some land in Cyprus but this land is situated in the Turkish occupied area of Cyprus so it has no intrinsic value as it cannot be sold or exchanged.


My wife has no income. I am a pensioner with total pension of about £1400 per month. But I have to pay £813 on the mortgage, £195 on Rates, £200 on Gas and electricity. So there is no money left over. However I have an additional income from some consultancy which I do and this will be about £10,000 for this year.


A one bedroom flat in our area would be in the region of £200,000 to £250,000.


Finally can you please tell me if I can have access to my questions and your answers that we exchanged in September last year?


 

Expert:  Clare replied 2 years ago.
Hi
How much is the property in Kiev worth?
Clare
Customer: replied 2 years ago.

The property in Kiev is now worth about £200,000


 

Expert:  Clare replied 2 years ago.
Hi
Where does your wife live at the moment?
Clare
Customer: replied 2 years ago.

We live together in my house in London


I have to pay for all the expenses


Her son (from the previous marriage) lives in my wife's flat in Kiev


 

Expert:  Clare replied 2 years ago.
Hi
How old is your wife and does she/can she work?
Clare
Customer: replied 2 years ago.

My wife is 54 years old.


She used to be a professional soprano singer.


She has not worked since we married except of a few concerts with total income over the years of about £2000


She can work but she is not that interested in working. She prefers to be at home or travelling with me whenever I travel on business overseas.


 


 

Expert:  Clare replied 2 years ago.
Hi
Does she have anywhere else to live in the UK
Clare
Customer: replied 2 years ago.

Her daughter has a 2 bedroom council flat. She lives with her boyfriend and their son. She could live there but it would not be vaey comfortable.


I adopted her daughter when she was 12 years old. Now she is 26 and a full time student.


My proposal to her is to sell and move to Cyprus where we could buy a much cheaper house or flat, say about £100,000. This would be in joined names.


Expert:  Clare replied 2 years ago.
Hi
Sorry - have I misunderstood - are you not separating?
Clare
Customer: replied 2 years ago.

It is not certain as to whether we will separate or not.


This is what we discussed before but we both thought that separation would not be beneficial to either of us.


However if we don't agree as to the splitting of the proceeds then I will probably go for divorce.


What I am planning is to discuss with her and try and sort the splitting of the proceeds before I decide on divorce.


I think that she is entitled to 50% of the difference between what we get from the sale of the house and the current mortgage.


This is why your advice is so vital.


Thanks

Expert:  Clare replied 2 years ago.
Hi
Just to check - you refer to a business - does that have a value?
Clare
Customer: replied 2 years ago.

No value. But I still offer support to some companies that brings me in about £1,000 per month.But I have to work for this. Like consultancy fee.

Expert:  Clare replied 2 years ago.
Hi
The fact that you have been together for 16 years mean that the starting point for division of all the assets - the flat in the Ukraine and the equity in the matrimonial home will be 50/50
Since that would give your wife enough money to rehouse herself then it is unlikely that she would receive anymore than that - and indeed since your brought all the capital to the relationship you may be able to limit her claim to the house that is in her name - although then you might well have to pay her spouse maintenance whilst she has time to sell that property and purchase a new home
Your sons have no claim on the property.
This can only be the roughest of guides - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

  1. Are you implying that she might be awarded her flat in Kiev and she may not be awarded a share in the proceeds of the sale of my house in London? What will happen if she says that she does not wish to live in Kiev but wants to stay in London?

  2. Can she stop the sale of my house by applying to the Land Registry?

  3. Can I evict her legally if she refuses to leave the house after reasonable notice, bearing in mind that the mortgage to the house lapses in March 2015 and it is impossible for me to get another mortgage due to my age? Please note that the current mortgage company have already sent to me two reminders about the fact that unless I sell by March 2015 they will take over and sell the house at any price to get their money.

  4. My property in Cyprus has no value at the moment as it is held in the Turkish area since 1974 (well before we got married). However it is possible that this land may be freed in the future when it can have a value of a few hundreds thousands pounds. Is she entitled to any of this money? If we were to get a divorce does this issue change in any way?

  5. Please let me know where I stand in terms of my account with you? I am not sure as I paid £45 in September to you which I thought covered me at least for one year.


Thank you for all your help


 


 


 

Expert:  Clare replied 2 years ago.
Hi
1, the fact that she has this asset will reduce her claim on the Uk property - unless she agrees to sell the flat and divide the proceeds with you
2. Yes since it is the matrimonial home you need her agreement to a sale and she can register her interest to prevent a sale
3. No I am afraid not - so long as you are entitled to be there then so is your wife
4. The value of the cyprus property within the proceedings will be its value at the time of the divorce
5. I shall ask Customer services to contact you
Clare
Customer: replied 2 years ago.

I am sorry dear Clare for labouring the point about my property in Cyprus. This is a property that I bought much before I met her. It is land and not a house.


I cannot see how she has a right to this. I can recollect for example that when the Abramoviches split up she only got about half a billion. He kept his 15 billion Empire. They did not split that Empire into to.


By the way this land has now zero intrinsic value as it is in a military held zone by the Turks and I am not allowed to sell it. From what you said the value of the land is taken as that on the day of the divorce. So if we were to divorce tomorrow she should get zero. However can she claim that this land may have some value in 3 years’ time say and so to be allowed to half the proceeds of his land when I sell it in 3 years?


Andreas


 

Expert:  Clare replied 2 years ago.
Hi
Every case is different and where there are millions then the needs of both parties can be easily dealt with.
If the property in Cyprus has no value now then that is the end of it - you keep it.
If when you do divorce it has a value then that value will be taken into account - however that does not mean she necessarily gets half - it will depend on how much she needs to rehouse herself adequately
Clare
Customer: replied 2 years ago.

Please see the below and advise me. Is there a chance of getting compensation due to the number of years? The fact is that I didnt know about the fact that I had asbestosis until recently.


The Unilever Personnel Manager Unilever House
100 Victoria Embankment
London EC4Y 0DY


Dear Sir/Madam,


I worked for Unilever Engineering Division and Unilever Research from 1968 to 1984.


In 1973 whilst working for Engineering Division I was asked to go along with my immediate manager Ian Ross to a Macfisheries retail store in Westminster off Victoria Road London SW1 to inspect one of their freezers.


When we got there three of us went up to the loft and I was asked to climb down a ladder to get to the freezer. As I was standing there, suddenly a mass of Asbestos fell on top of me and covered me fully. This Asbestos was stored above the freezer


I had not at the time realised the seriousness of my situation.


However X-Ray plates have recently shown that I have a stain on my lungs caused by Asbestos. I suffer from serious coughing which I could not explain. Furthermore I understand that this stain on my lungs can have more serious consequences on my life.


That incident was the only exposure that I ever had to Asbestos.


I would like to meet you and discuss the possibility of compensation. The reason that I write to you directly instead of through a solicitor is because I have faith in the Unilever ethics and moral codes towards the welfare of its staff and I prefer to resolve this problem directly rather than through the courts.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but the rules of the site mean that you have to ask this as a separate question
Clare
Customer: replied 2 years ago.

OK. How do I do that?


 

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