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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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this contract is between me and my wife. we are now separated.

Customer Question

this contract is between me and my wife. we are now separated. the contract was for the profit from the sale of our house that was solely in the wifes name so she claimed she should get 1/2 even though I payed 2/3rd of the money down which we had an agreement that I would get it back if we ever sold the house. When the time came she insisted that since we were married she should get 1/2. When I objected she said she wanted to buy a house to rent as an investment and that we would live in the house and she would pay me rent as repayment of the money I was to give her. That seemed fair enough so I agreed. This was a verbal contract with her being my wife I trusted her. To make a long story short. All the paper work that I had for the money I was supposed to recieve when we sold the house has disappeared and as soon as her house completed she moved out with out any notice and not even leaving a forwarding address. I was just wanting to know if I have any recourse to be able to collect my money. She won't even take my calls.
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 long have you lived together and what was the equity in the property?
Clare
Customer: replied 3 years ago.
We lived together 9 years and the equity was 83000.00 pounds.
Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.

all I wanted to know is do I have any recourse to get my money back. I already knew that it might be necessary to divorce. If the verbal contract is inforcable is all I wanted to know. So at this point my question hasn't been answered so please refund my money.

Expert:  Clare replied 3 years ago.
Hi
I have not yet given an answer as I was making sure I had all the necessary information first.
The Family Court has wide powers to redistribute assets in any way it considers fair - whatever previous agreements have been made
In your case the length of your relationship and the financial contribution that you have made means that the starting point for division of the assets is 50/50 - and depending on what assets there are possibly more
With a little more information it may be possible to give a more detailed assessment of the likely outcomes
Please ask if you need further details
Clare