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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have my 3 bed rooms property to sort out. I got my divorce

Resolved Question:

i have my 3 bed rooms property to sort out. I got my divorce on Mar 2015. i have 1 daughter and 1 son. My daughter is married and she lives with her husband. We (i and my ex wife) dont talk to each other but she is still occupying 1 bedroom in my house. Through my daughter, I proposed her to take 1/4 of property and leave 3/4 of property for me and my son of 21 years old. What is the best solution on this? Can I ask for eviction order (court order) !!!something like that i have heard ?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am a Solicitor and I will assist you.
Please can I ask - when you got divorced did you also deal with the issue of the matrimonial finances and obtain a court order?
How long were you married?
How old are you children?
Kind Regards
Caroline
Customer: replied 1 year ago.

was married in 1990, Nepal

filed for divorce through solicitor on 16 Apr 2014

Got decree absolute on 12 Mar 2015

2 children (1 dau and 1 son)

dau married off (date of birth 1992)

son lives with me but works (date of birth 1994)

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
It doesn't appear that you have yet obtained an order in relation to the matrimonial finances - is this correct?
Kind Regards
Caroline
Customer: replied 1 year ago.

i have not done anything about finance issues

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Ram
Thank you for clarifying that for me.
I am sorry to tell you but your wife is likely to have a claim that is larger share that 1/4 of your property.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
15 years is considered a lengthy marriage and therefore the starting point really is 50/50.
You should consider making a referral to a specialist mediation service. I note that you have already mentioned mediation - but if doesn't sound like you have started the full process yet. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
The courts recognise that the matrimonial home is normally the main asset. They can make and order for sale - so that the equity can be realised and both parties can downsize. As your son is 21 he is classed as an adult and his housing needs wont take priority with the court.
I realise that this might not quite be what you want to hear - but I have a duty to be honest.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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