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Ask Clare Your Own Question
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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Separated from wife she has asked to walk away going

Customer Question

Separated from wife she has asked for money to walk away going to give her a car which i will pay 2;500 for if i get her to sign paperwork saying she will not come back for anything else i.e. pension is this legal or do i need to go through solicitors
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.
How long have you lived together and are there any children involved?
What assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

We have lived together for about 6 years and married for 4 no children l have no debts I have the house in my name as she could not get mortgage through bad credit ratingannual income 16:000

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have?
Clare
Customer: replied 2 years ago.

guessing about 80;000 for house 47 left on mortgage

i have my wage and she has her wage about 16;000 and thats all

Expert:  Clare replied 2 years ago.
Hi
Where did the money from the deposit come from?
Clare
Customer: replied 2 years ago.

The deposit for the house came from money that my dad gave me

Expert:  Clare replied 2 years ago.
Hi
How much did he give you?
Clare
Customer: replied 2 years ago.

i think about £12;000

Expert:  Clare replied 2 years ago.
Hi
Given that there is equity of £30,000 why is your ex willing to accept just the car?
Clare
Customer: replied 2 years ago.

because that is what she is happy to walk away with originally she wanted 3000 but she will need transport to get her to work an d back so i offered her the car now she wants a washing machine as well

Expert:  Clare replied 2 years ago.
Hi
I am afraid that unless and until there is a court order within divorce proceedings dismissing all claims that you each have against each other then your wife will always be able to make a further claim in respect of the matrimonial home if she wishes to do so.
Of course she may not make any further claim - but given the fact that she is taking substantially less than she is entitled to then there will be a risk unless she remarried immediately after the divorce
Please ask if you need further details
Clare

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