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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
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 separated in May 2013 after she admitted having

Resolved Question:

My wife and I separated in May 2013 after she admitted having an affair with my brother.
I am 65 and she is 45.
We sold the house and at present there is £137k in a joint bank account which we cannot access separately.
My 12 year old son lives with her and we both have good rented properties.
I pay £250 a month maintenance to his upkeep and access is made on good terms.
Later this month I will inherit about £70k from my late Father’s estate as will my brother.
My separated wife is insistent that she will ask, when financial settlements are made, for all of the joint account funds and also my inheritance so that she can buy a property to ‘secure’ my son’s financial future. I understand my brother will also put his inheritance into the ‘pot’.
My suggestion that my son be allocated £50k for his University fees and a start in life and that the remainder of the £137 be shared equally and that my inheritance is mine, and that she has no claim on it, are met with deaf ears.
Where do I stand in terms of my proposals?
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 much would a cheaper two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

About £250 -280k

Expert:  Clare replied 2 years ago.
Hi
May I ask when your father actually passed away, and are your ex and your brother currently co-habiting?
Clare
Customer: replied 2 years ago.

Hi

My Father dies on 3rd February 2015

At present they do not cohabit; they spend alternate weekends either in Harpenden or Southampton. It is my understanding that when he retires, next year, they will cohabit.

Hope this is helpful

AJ

Expert:  Clare replied 2 years ago.
Hi
Yes that helps a great deal
Final point - what income does your ex have and what is her mortgage capacity (best guess will do)
Clare
Customer: replied 2 years ago.

Hi

The best estimate I can give is £24k; this would give £96k as her mortgage capacity.

regards AJ

Expert:  Clare replied 2 years ago.
Hi
Your ex is correct on one point - the priority for the court is the safe and secure housing of the child until the child is 18
With this in mind the Court COULD give her all the financial assets to purchase another property BUT she would have to refund your share of the monies when your son is 18 OR she cohabits
Given that she intends to purchase a property with your brother it is unlikely that the court will in fact award her your share of the financial assets even temporarily
On that basis the question is what approach will the court take to the division of the assets - and to the monies that you have received from the estate of your late father
Taken together there are cash assets of £207,000.
If you keep your inheritance and the balance is divided equally between you will have £138,500 and she will have £68,500 and that is NOT likely to be attractive to the court I am afraid (not fair but sadly true)
Instead it is likely that the court will leave you with your inheritance but give your ex a significantly larger share of the equity from the matrimonial home - a 70/30 or even 75/25 division in her favour is not impossible.
I am sorry that this is not the greatest of news - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for your help; to be honest your final analysis is better than I had hoped for i.e.25% + my inheritance.

AJ

Expert:  Clare replied 2 years ago.
Hi
Do please remember that is just my best guess base don what you have told me!
Clare