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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband and i have recently separated, he moved out of

Customer Question

hi my husband and i have recently separated, he moved out of the family home and left me about 2 months ago. we were working things through or so i thought until about a week ago he stopped all contact. The house is in his name as i have a bankruptcy filed against me but this will be clear in january 16 and i will be able to apply for a mortgage again. my mum gave us the deposit but this wasn't declared as a parental gift when he took the mortgage out. I have just sent off a HR1 form and that should hopefully be processed this week. i have spent money, significant amount, on doing the house up and subsequently have some CC debit because of this. i want to file for divorce and i need to know whether i would have any chance at getting the house if i ask for this as final settlement, and no further claim on his income or pension? also all of his stuff is still here and he is still getting parcels delivered when am i reasonable allow to start getting rid of his things? we don't have any children but i have animals and his family live nearby but mine don't as i move here to be with him. I am not currently paying any money to him as i don't know what is happening. thanks
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- what is the value of the house? Outstanding mortgage and equity?
- value of other assets including your husbands pension?
- how long were you married?
- does he earn more than you?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi the house is about 160k the outstanding mortgage is 116k and he has had his pension for 15years but i am not sure on the amount it is.he recently got promoted and earns in the region of 46k a year plus overtime. i earn 38kwe were married for three years.
.
Customer: replied 1 year ago.
he may have savings but i don't know, and as far as i am aware there is no other significant assets.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If you are considering divorce / judicial separation then you can also make a claim in respect of the matrimonial finances.
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 husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
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.
As your husbands earning capacity is higher than yours - then you can also look at claiming spousal maintenance.
You should consider making a referral to a specialist mediation service. 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
I note that you would prefer to keep the house. It is quite possible to offset the other assets - such as your husbands pension and savings against the equity in the house. You can also offset spousal maintenance in this regard also. You will have a clearer picture when you have been through the process of full and frank financial discloure as to what the other assets are so that your husbands interest in the house could be offset.
If agreement cannot be reached or your husband won't engage in providing full and frank disclosure 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 and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future usually for around £300.
Kind Regards
Caroline
Please kindly remember to rate positively No credit is received for our work unless positive feedback is received.
Customer: replied 1 year ago.
Hi CarolineThanks that makes thing a bit clearer, can you also tell me if my position is weakened by not currently paying any thing towards the mortgage or bills? I don't have access to the bills as my husband paid them direct from his bank account and I paid him a lump sum each month which went into the 'joint account' I never saw any statements relating to this account. I want to be able to move the bills into my name but as he isn't talking to me it difficult to sort anything out, and therefore as I don't actually know the proper amounts I am reluctant to pay. Thank you for your time
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Your position is not weakened by not currently paying the bills. If you were not a married couple - this would, but you are married and the rules are different so you are still entitled to a financial settlement no matter who is paying the bills.
If your husband continues to discharge the bills until the matter is fully resolved - then this will cause you no issues.
Kind Regards
Caroline
Please kindly remember to rate positively
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you, ***** ***** has out my mind at ease.
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome
Please remember to choose a smiley face to confirm your happy
Please note that your question does not close when you leave positive feedback -it stays open and I can answer your follow up questions for free
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline as I never fully changed my name in to my husbands, i.e. passport and driving license because we were married in Greece and I needed the certificate translated, i am starting to change it back to my original name on all the documents that were affected will this Jeopardise any position i have, should i wait until the divorce is finalised?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
This won't affect your position in respect of divorce or a financial settlement as you are able to use any name that you want at any point.
You may however encounter some difficulties in respect of applying for official documents- whilst they will accept decree absolute as proof for you to be able to change your documents back to your maiden name - as this has not yet been obtained - they may ask you to complete a change of name deed.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Hi CarolineI want to file for divorce, but i'm not sure on the first steps to take. I am wondering if i can do the paperwork myself and perhaps speak to you or a local solicitor for advice but not action. i want to keep the cost down but i also am not sure if i need a solicitor to act on my behalf if i want to try and get a decent financial settlement? would you be able to list the steps i need to take and indicate which areas i would ideally need to seek professional advice and which areas i could reasonably do my self? thanks Esther
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Ester
Divorce and Finances are separate proceedings but they do link.
Divorce itself is quite sure simple and it is perfectly possible to act in person. Whereas the finances will need professional input at points.
This guide is good in respect of the divorce process:
https://www.gov.uk/divorce/overview
In respect of finances - the first step is to refer the matter to mediation. You don't need a lawyer for mediation as they are not involved in this process - so you can simply refer yourself.
Kind Regards
Caroline

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