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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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I am a British citizen who got citizenship 8 years ago through

Customer Question

I am a British citizen who got citizenship 8 years ago through marrying a British National. I lived in the UK for 6 years before marriage on a highly skilled migrant visa. We were married in South Africa, my country of birth, in a same sex marriage ceremony.
She is filing for divorse on the grounds of adultery of which I was guilty. What are my legal rights in terms of possessions. I gave up a good job in order to come to the UK. I have struggled to find work in the UK and have lost out financially over the 8 years of marriage and the 15 years of our relationship.
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 assets and debts are there and what income do you each have/
Clare
Customer: replied 2 years ago.

She owns a house and a one bedroom flat in the UK and has a salary of about pounds 4,000.00 per month in the UK (after tax has been deducted).

I own 2 flats in South Africa and I earn about 500 pounds per month on average when I get contract work overseas.

She helped me buy the one flat in South Africa and is now also claimimg back half of it and demand that I see it immediately.

She wants to send my clothes and paintings back to South Africa, where I do contract work at the moment and do not want me to come to the house again.

Customer: replied 2 years ago.

She owns a house and a one bedroom flat in the UK and has a salary of about pounds 4,000.00 per month in the UK (after tax has been deducted).

I own 2 flats in South Africa and I earn about 500 pounds per month on average when I get contract work overseas.

None of us has any debt. All houses are paid. She gets rent income from one flat in the UK. I get the rent income from one flat in South Africa.

She helped me buy the one flat in South Africa and is now also claimimg back half of it and demand that I see it immediately.

She wants to send my clothes and paintings back to South Africa, where I do contract work at the moment and do not want me to come to the house again.

Expert:  Clare replied 2 years ago.
Hi
How much are the various properties worth?
Clare
Customer: replied 2 years ago.

Her properties:

House - 135,000 Sterling

Flat - 70, 000 Sterling

Mine:

Flat- 40, 000 Sterling

Other flat, can't be sold without permission as I only owe half of a share in the property. My part, should I get permission to sell is worth 50,000 Sterling

Expert:  Clare replied 2 years ago.
Hi
Are these net figures after mortgages are allowed for
Clare
Customer: replied 2 years ago.

No mortgages on any of the houses involved. It is all paid up.

Customer: replied 2 years ago.

Yes, they are net figures. All morgages have been paid off

Expert:  Clare replied 2 years ago.
Hi
Who do you share the second South African property with?
Clare
Customer: replied 2 years ago.

I share it with a friend who gave it to me as a gift. I will inherit the property if she dies before me. It is on the coast as part of a company and each owner has one share in the company, which is your land plus house.

We registered half the share in my name at a lawyers' office.

Expert:  Clare replied 2 years ago.
Hi
Ok ty.
The fifteen year year relationship with your ex means that you have a clear financial claim on the matrimonial home - and indeed you are entitled to return there whenever you wish to do so.
Your ex has assets worth £200,000 - you have assets worth £90,000; she has a substantial income whilst yours is modest
On that basis I would expect you to receive half of the equity in the Matrimonial home in full and final settlement.
However this can only be the roughest of guides
Please ask if you need further details
Clare
Clare and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

If she does not want to sell the matrimonial home, how will I receive the monies entitled to me?

Expert:  Clare replied 2 years ago.
Hi
The Court can force a sale of the properties
Clare
Customer: replied 2 years ago.

Clare, if I choose to stay in South Africa and not return to England, how do I get access to a court?

Expert:  Clare replied 2 years ago.
Hi
You can instruct a Uk solicitor to deal with the matter on your behalf
Clare