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: 33810
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

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: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 1 year ago.

About £250 -280k

Expert:  Clare replied 1 year ago.
Hi
May I ask when your father actually passed away, and are your ex and your brother currently co-habiting?
Clare
Customer: replied 1 year 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 1 year 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 1 year ago.

Hi

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

regards AJ

Expert:  Clare replied 1 year 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, Solicitor
Category: Law
Satisfied Customers: 33810
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
Customer: replied 1 year 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 1 year ago.
Hi
Do please remember that is just my best guess base don what you have told me!
Clare

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
 
 
 

Related Law Questions