How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33805
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I am with a solicitor who have been dealing with my divorce

Resolved Question:

I am with a solicitor who have been dealing with my divorce past three years. my ex is seeking an annulment and has no legal representative and I am ancurring all costs. The court has given a decree nisi but not an absolute till finances are sorted.
We have a house in both names on mortgage and lease where the property is valued today at approx. £275K. Mortgage is £200k, My ex has left me with debts which incurred while we were married to the value of £20k now and where I had to put these with a debt management. I had a property before we were married and when I sold this the profit I made was paid as a deposit house.
I still reside in the house and will agree to sell the property only if the debts are taken into consideration in the settlement. However, I am seeking a consent letter from my ex in order to arrange an estate agent but he wishes to know all details and as he is interested in profit etc he will hound the estate agents but has not paid any mortgage or any fees or bills property since he left.
What proposal can I put forward to take control on the matter and ex to walk away with as little as possible as I have invested the most into the property. He is just wanting his share of the equity.
My solicitors have not advised or given me any proposal to put forward and now my current solicitor represented my ex in his 01st marriage.
Also my ex has never included and failed to mention that his private pension matures in 2years and that has not been taken into consideration.
Requesting urgent advise
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Did you live together prior to the marriage - if so long?
What capital did you each bring to the marriage?
What income do you each have?
What were the debts used to fund?
Clare
Customer: replied 2 years ago.

Clare

We lived together couple of years beforehand. I bought my property in 1996 and I met my ex in 2000.

Deposit house in Horsham was from the profit that I made from my property. I put in 100%.

We had a joint account and both wages went in to that account. Both were earning approx. £30k in the later part of our marriage.

I am now on £20k per year. Do not know about my ex. He claims he was diagnosed with bipolar in the last 3 years.

I invested £20k from the profit from my apartment into a scheme my ex's cousin swindled us into. That went belly up so interest went up, travelling to London both to work was very expensive. So debts were 2 credit cards in my name, a bank loan and overdraft on the joint account.

His pension value comes to nearly £35k.

Hope this helpful.

Expert:  Clare replied 2 years ago.

How much was the deposit that you put down
Clare
Customer: replied 2 years ago.

Deposit on house was near £30k if I recall, I bought a good second hand car ex as I do not drive, furniture house. I can advise you tomorrow of the exact amount of profit I made on my property.

Expert:  Clare replied 2 years ago.

What offer of settlement have you made so far?
Clare
Customer: replied 2 years ago.
I was hoping to buy him out but cannot do so because of the debts.
My ex has requested 10% of the equity.
My solicitor has not proposed anything and keeps requesting I arrange to meet her which costs me.
Expert:  Clare replied 2 years ago.

your ex is seeking a settlement of £7,500 - is that correct?
Clare
Customer: replied 2 years ago.

This is a copy of his recent proposal. The debt he is talking about are outstanding amounts in his name because of the data protection act.

1, Regarding the debt agency, I have requested them to go back to Barclays, on the day I opened up my own personal account, I surrendered and cut up my joint debit card at Horsham Barclays bank, your client was then instructed by me to write to the bank to state she was the sole user of that account, however she refused to do so and continued to use the account. During the last three years I have also received such letters from Southern Waters and Horsham Council. Any monies that was owed to them by me has been paid back in full. However, since your client refused to remove my name from the account, I have received letters from various debt agencies regarding this, I respectfully ***** ***** your client contacts the said companies and remove my name from this account.

2, The return of my property, in past communications I forwarded pictures of my personal belongings being stored in the garden shed at***** Someone from your office wrote back to me ensuring said property were no longer being stored in this shed. However upon return of same, all electrical goods were soiled through dampness and had to be destroyed, as well as most of my clothes.

I did not receive my Chelsea watch which was a valuable item, nor did I receive my glassware that had been a gift from my departed uncle. I know these items will never be returned, however I am a firm believer of karma !!, pictures were obtained before I disposed of my property.

3, Please see letter dated 26, 08, 2014 regarding sale of***** Also with regards ***** ***** I am respectfully ***** ***** compensation with regards ***** ***** not returned and damaged through neglect. I will consider any sensible offers. Should your client wish my permission to sell the property,***** I will require the following

a, Contact details of the estate agents

b, The figure of what the house is on the market for

c, To be notified immediately of if an offer is made

d, Should the house be sold, I will require the sum of £25.000 clear or if greater, 10% of the sale value. Currently I understand that the house is valued between £316.000-£306.000

Look forward to hearing from you. Gives you an example of the type of man I am dealing with.

Customer: replied 2 years ago.

Clare, I calculate it to be approx. £27,500. He is after money and protecting his pension as on 21.03.16 he will be 55.

Expert:  Clare replied 2 years ago.

Do you have a value pension?
Clare
Customer: replied 2 years ago.

See proposal I sent to my solicitors.

My proposal is that Mr Robinson consents that I can go ahead and arrange the sale of the property. He does not need to know the details of the estate agents unless he is willing to acknowledge any costs that comes with the sale of the property as solicitors and surveys will need to be considered and paid will expect his contribution towards this if he is requesting details. As our situation is not amicable in the least and cannot agree, it will be unfair estate agent to deal with the two us as I know from past experience. If he does not agree to this, the matter will stay the same.

Mr Robinson has omitted to disclose about his pension with Prudential which is due to mature on the 21.03.2016 and where the value is near £50,000.00 as Mr Robinson will be 55 then.

Again I propose that if Mr Robinson wishes to hold on to his pension, then all debts are taken into consideration after the house is sold. Taking into consideration that I have continued to pay the mortgage where I have paid over £30k in the last 3+ years to ensure that the property was not repossessed and that we do not have a redemption fee, this was agreed verbally by Satander as they were willing to bill both separately but as there was guarantee that Mr Robinson would pay his share, we agreed to leave at it was. The remaining balance is split 95% to me and 05% to Mr Robinson after all costs have been taken out. Otherwise I want 50% (£25,000.00)of his pension fund as I will be left homeless, penniless and with no savings or pension and my creditability loan or mortgage will be very limited. This is fair considering where the source of Deposit property came from and if that is not taken into consideration then I will not sell.

Mr Robinson took the car that we was bought while we were married and had many opportunities to take his items so I am in no position to compensate and have shown willingness to sort this matter by arranging a delivery van.

Mr Robinson needs to be reminded that we have tried to settle and come to an agreement and any questions he has asked had been answered and back in July 2013 he emailed asking not to be harassed. Maybe the matter could have been sorted if Mr Robinson had a Solicitor. I feel I am now a victim of harassment, bullying and been manipulated into a situation that will not benefit me but is causing extreme Stress and has effect my social life and work life.

Sorry about the long email Clare,

Expert:  Clare replied 2 years ago.

Just to check - do you have a pension?
Clare
Customer: replied 2 years ago.

No I have not

Expert:  Clare replied 2 years ago.

Sorry - last question I hope - how much is the car you purchased now worth?
Clare
Customer: replied 2 years ago.

Probably not worth anything Clare, so will not worry too much about that. Let me know your overall thinking or suggestion of a proposal.

Expert:  Clare replied 2 years ago.

.
The assets are the equity in the Matrimonial home
£75,000 approx
His Pension - CETV £35,000
Joint debts of £20,000
You brought the £30,000 deposit to the relationship
Is this basically correct - have I missed anything?
Clare
Customer: replied 2 years ago.
Thank is correct and maintained all payments of the mirtgage 3 years.
Customer: replied 2 years ago.
Apologise, double checked figure on house and the deposit from the sale of my apartment is £38,456,13.
Profit I made from the sale of my flat is £56,791.81.
Look forward to hearing from you. My ex was never on the deeds or mortgage to my flat in London.
Expert:  Clare replied 2 years ago.

I am still a little uncertain what the debt relates to - could you explain that a little more as there appears to be a dispute around it?
Clare
Customer: replied 2 years ago.
There are two credit cards under my name which was used and emergencies, presents, food etc
A bank loan that we took out as we lost 20k and needed funds to cover mortgage and bills and house maintenance.
What my ex is going on about is I think the overdraft. He failed to notify the bank in writing to take his name off the account and they are chasing him I think. Due to data protection the creditors will not speak to me.
He forwarded the paperwork and I have tried to include but my management company have great problems agreeing a amount cause it was not in my name.
My ex never wanted a credit card in his name as he had debts from his first marriage that I paid off but afraid have no record of this.
He will not take responsibility of any finances related to house and expects a payout
Expert:  Clare replied 2 years ago.

Do you know how much the overdraft is?
Clare
Customer: replied 2 years ago.
I think it was £3600. No paperwork with value.
Expert:  Clare replied 2 years ago.

First the worst news - I am afraid that your ex is entitled to full details of the Estate agents and to be involved in the sale. The costs will be deducted from the sale proceeds in any event
The most likely approach of the family court would be to deduct the debts from joint expenditure capital assets and then divide the balance.
the starting point division is 50/50 - but the fact that you brought the deposit to the marriage then it is likely that you will get a larger share of the limited equity.
This is likely to mean that the split would be 70/30 in your favour.
However this can only be the roughest of guides
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33805
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice