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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
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 have been married years, she had 2 children

Customer Question

my wife and I have been married for 20 years, she had 2 children from her previous marriage, both girls now 25 and 27, I have brought them up with no maintinence from their father I received an inheritance from my mother 12 years ago which we purchased a villa in turkey with, also at the time my stepdaughter got pregnant at 15, she remained with her boyfriend who is now her husband, the council gave them a grotty flat miles away from us so I put £30,000 down as a deposit on a buy to let and they pay the mortgage.
4.5 years ago my wife had a stroke whilst in Turkey, she can't speak and the right hand side of her body is paralised. We sold the villa and the money went into her care by me over the period, we still have £100.000 mortgage on the family home.I wish to divorce my wife as I feel I have done my bit, however my aunt died in February this year and left me a property worth £240.000 which is still up for sale, my question is will this be counted in my divorce settlement as I will need to buy somewhere to live, I am 60 and my wife is 51...thank you
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 is the matrimonial home worth and how much woud da suitable property for your wife cost to buy?
Clare
Customer: replied 1 year ago.

our home is probably worth about £160,000, however my wife would need a home more suitable to her disabilities,; ie a bungalow, the other property that we bought for my wifes daughter is worth a similar amount.

Would the council not supply her with a disabled access property, she could purchase an over 55's or a disabled bungalow for about £70,000.

I really am at the end of my tether, I would just like to sell my inherited house and walk away, what would happen if I did that ??

many thanks

Expert:  Clare replied 1 year ago.
Hi
How much is outstanding on the mortgage on the property the daughter lives in?
Clare
Customer: replied 1 year ago.

£95,000

Expert:  Clare replied 1 year ago.
Hi
What was the agreement about that property as to who would get what if it was sold?
Clare
Customer: replied 1 year ago.

there was no formal agreement, just that it would eventually be theirs as long as they kept paying the mortgage, the mortgage is in mine and my wifes name as is ours

Customer: replied 1 year ago.

my wife and I had not be getting on well before her stroke and I have only stayed out of moral duty really but I can't cope with it anymore

Expert:  Clare replied 1 year ago.
Hi
In the event that there is a divorce your inheritance will form part of the assets for consideration by the court, although the Court will try and "ring fence" it where possible.
In your case I am afraid that the priority for the court will be to ensure that your wife has sufficient funds to purchase a suitable property - and since there is only £60,000 or so equity in the former matrimonial home that will mean her getting a further lump sum from you - which may have to come from your inheritance
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

no divorce is underway, what would happen if I just sold my inherited house and purchased a smaller one for me and just left sort of overnight, I can't be breaking any laws can I ??

Expert:  Clare replied 1 year ago.
Hi
You can indeed do so - it will then be up to your wife to decide whether she wishes to issue a divorce petition and make a claim
Clare
Customer: replied 1 year ago.

I have been looking at an over 55's park home at £100,000, if I was to purchase that for myself would there be any chance that a court may order me to sell it if my wife were to start divorce proceedings, I would only be able to purchase this once my inherited house is sold.

The money from the inherited house would go into a single account in my name which I have just opened not the joint account I normally use, I just don't want to end up homeless as my wife would be looked after by the state in any event as she is disabled, its so difficult to know what to do as I am going to look like the bad guy whatever I do??

Expert:  Clare replied 1 year ago.
Hi
Since you will have other monies the court can look at then it is unlikely that the court would make you sell your new home
Clare

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