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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife of 30 years marriage has taken control of the finance

Customer Question

My wife of 30 years marriage has taken control of the finance and business we are running together as partnership since 2006 because it was her only name, that is on the 11 properties we owned together. She did not allow me to get involved in the business. She has also stopped the rental incomes come into our joint or business account. She opened a separate account now for herself in which rental incomes go into.
At the moment I have no job and no money from the business. Please I need your advice.
She is also threatening me to be paying maintenance allowance for her. I have no money to engage a lawyer. Thanks
Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAre you intending to start divorce proceedings?
Customer: replied 1 year ago.
yes. but I have no money to proceed.
Customer: replied 1 year ago.
How will I get justice now. My wife has legal knowledge and can manupulate me or anyone or even the authority to get what she wantss
Expert:  Clare replied 1 year ago.
How old are you both?How much are the various properties worth and how much is outstanding on the mortgage?What income do you each have?
Customer: replied 1 year ago.
I am 54 and she is 48The total value of the properties is £3millionShe does not allow me to have any income because all the properties are in her name only. We started as partnership but she is trying to claim everything now. I have no means of income now. Because she diverted all the money from our joint accounts into her personal private accounts. She instructed all the teneants to pay into her private accounts.
Customer: replied 1 year ago.
The mortgage is interest payment only. We have been paying mortgage going to the tenth year now.
Customer: replied 1 year ago.
The painful aspect is I have no income now. I have no means of survival. Please what can I do now.I have also got two little boys who comes to stay with me on Saturdays and Sundays
Expert:  Clare replied 1 year ago.
Who owns the properties that you each live in?
Customer: replied 1 year ago.
We are living separately now. She lives in one of the properties and I live in one of the properties but her name is on all the 11 properties.
Expert:  Clare replied 1 year ago.
Hi
That is good - is she paying the mortgage on your property as well?
What income does she have ?
Clare
Customer: replied 1 year ago.
Yes, the income from the rental is being used to pay for all the 11 properties including the one I am living in with my two adult daudhters. Both of us relying on income from the rentals but now she is denying me any income now. At the moment she is the only one having income and a car and does whatever she likes with the money without informing me. I have no income at all except living in the property. She is claiming that all the business belong to her.
Customer: replied 1 year ago.
Hi Clare. Thanks for your help. Is it possible that we can do question and answer in one goal
Expert:  Clare replied 1 year ago.
I need to know how much the income actually is
Customer: replied 1 year ago.
Are you asking for income from the properties.
Expert:  Clare replied 1 year ago.
I am trying to find out what the family income is/was - was annual income is taken from the business
Customer: replied 1 year ago.
Sorry Clare. Please give me time to come up the as soon as I can.
Thanks.
Customer: replied 1 year ago.
Total properties income for 2014 was £162145
Total expenditure for 2014 was £132785.52My wife has not allowed me to participate in the business and so unable to verify expenditure amounts from the properties.
There is no transparency. This is one of the reasons we fell apart. She totally refused and just gave me figures.
Customer: replied 1 year ago.
Business income for year 2014 was £162146.00
Expenditure figure for 2014 was 132785.33I like to mention that there was no transpar
Customer: replied 1 year ago.
There was no transparency.
Expert:  Clare replied 1 year ago.
I understand thatHowever what I need to know is what was your understanding of what income you and your wife received from the business
Customer: replied 1 year ago.
I have never received any income or took any drawings. But I only took money from business to buy only essentials for myself since we started this business in 2006. My estimate amount of money I am allowed is about £500 a month. She always warned me about money and argued with me. So I tried to cooperate with her in order to avoid uneccessarry confrontation. The rest of the money she dealt with it, the way she liked. She is using a rental car that she has to pay £400 a month from business money. She has travelled to Europe to do liposuction and other cosmetic surgeries three or four times without informing me on how she spent our money. I have never allowed to travelled because she always maintained we have no money etc.
Customer: replied 1 year ago.
I like to mention that we have two boys who are 9 and 11 years old in a private school. She did not allow me to know our disposable income after all expenses deducted. I have talked about transparency and accountability. All these stuffs usually lead to more confrontation. She in total control of finance and business. She also claim she has mental illness to prevent me from taking any action against her and she has pushed me out of business with no money to live on or to appoint a lawyer
Customer: replied 1 year ago.
Her income @ 6 Gravel Hill:
Utilities = £500
Car ins /petrol: £400
Car rental monthly : £440
Drawings: £400
Total monthly amt. £2240My income @*****
Estimate
Utilities bill for the whole
property including council
tax: £200
Drawings: £300
Total monthly amount £500Right now I have no income at all. She has divetted all the income from properties into her personal account. I am really struggling now.
Customer: replied 1 year ago.
Thank you Clare. I will like to emphasise that the figure I gave you regarding does not represent the true and fair view of her income. She prevented me from having any access to the account or ask any questions. She just comes with figures and that's it. She manipulative the joint or business account as she likes.
Expert:  Clare replied 1 year ago.
Are you eligible for any benefits - Job seekers, disability etc?
Customer: replied 1 year ago.
I have not gone to Jobcentre yet. But I am not whether it is the right move to claim benefits.
Customer: replied 1 year ago.
But I am not sure whether it is the right move to claim because of our properties business.
Customer: replied 1 year ago.
Again I need money to pay solicitor who will sort things out for me legally with her. Claim benefits will not give me enough money to pay solicitor. I am also thinking of finding a solicitor who can represent me based on my equity. It will be highly appreciated if you can recommend one for me who will not take money immediately.
Expert:  Clare replied 1 year ago.
At the moment you need to address the issue of your living expenses and claiming your entitlement is a first step.The properties are all in her name so will not effect your ability to claim - although you cannot claim housing benefit.The starting point for division of all the assets is 50/50 and in your case there is no reason why that should not also be the end point.I am afraid that it is not possible for the costs to be dealt with in the way that you suggest but this firm may be worth speaking tohttp://www.novitasloans.co.uk/novitasOtherwise you can do what many people are doing these days and that is t start matters off themselves.If you have no income then toy would not have to pay court fees and could start the Petition based on her Unreasonable Behaviour immediatelyhttps://www.gov.uk/divorce/file-for-divorceOnce that is underway you can arrange to attend Mediationwww.familymediationhelpline.co.ukfor which Legal Aid is available to start resolving the financesI hope that this is of assistance - please ask if you need further details

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