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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife and I have been married for22years,she is56,Iam66.

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my wife and I have been married for22years,she is56,Iam66. She has been having an affair for 8 months. We have agreed to separate but she refuses to leave saying she has nowhere to go but says I should buy her a flat for 145k as settlement! This amount is less than half the assets, house is mortgage free.How can I resolve this impossible situation? I really want her to leave aS SOON AS POSSIBLE AS THE ATMOSPHERE IS TOXIC.sHOULD Ibuy her this property,Thats all my life savings gone butif I don't she will take ME TO COURT,and get much more, maybe force thr sale of the matrimonial home!She will not sign anything,this is an informal separation agreement.Help me please in this awful situation
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.
What assets and debts are there in total and what income do you each have?
Clare
Customer: replied 3 years ago.

Hello Clare,matrimonial home worth approx. 320k,I have savings of 180k including an inheritance of 143k received August 2012. No debts, mortgage free.Wife earns approx. 30k p a,I have just retired and will pick up about 1400 per month. We have a son aged 20 at uni and a daughter age 14 who will be staying at home, wife has offered to buy her clothes.

Expert:  Clare replied 3 years ago.
Hi
Why will she not sign anything?
Have you offered to purchase it in your sole name for now?
Clare
Customer: replied 3 years ago.

She just wont,the flat will be in her name, the matrimonial home is in my name

Expert:  Clare replied 3 years ago.
Hi
Would she agree to the flat being in joint names?
Would you be willing to start immediate divorce proceedings?
Clare
Customer: replied 3 years ago.

She wants the flat in her name and says she will be satisfied with that. There will be no doubt who purchased the property as I will keep records of all bank transfers to her solicitors from me. In spite of everything I trust her on this issue.If she ever came back for more,this property will figure in the final equation anyway, but I'm sure she wont. so ,is it a good idea to go ahead on that basis just to get it sorted very quickly or am I being very reckless? haven't considered divorce yet.

Expert:  Clare replied 3 years ago.
Hi
It is potentially reckless - so much depends on how much you trust her.
As things stand with the Inheritance you have received kept separately and with ample other assets for division you can argue - successfully - that this sum should not be shared with her when the time comes.
Once it is invested in a property in her name then there is an argument for saying that it now simply forms part of the ordinary matrimonial assets.
I would have to say that the specific circumstances would mean that you would have a reasonable defence to that argument
So yes there are potential problems - but overall the risk is slight
I hope that this is of assistance - please ask if you need further details
Clare
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