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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am legally separated and I left my husband in our marital

Resolved Question:

I am legally separated and I left my husband in our marital home. We came to an agreement financially, which was fair in the sense of the property value at the time. However I was the person who put down the whole deposit on the home (before we were married) He has only given me half back. Do i have any right to fight him for the full amount? I signed a document stating that I wouldn't, or intend to make any claim against the property once I left. We only had a verbal agreement that he wouldn't take my deposit into account if things went sour. Which they have. Any hope?
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 long did you live together?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 1 year ago.
Hi Clare,Lived together from Dec 2009 to July 2014
Married in 2010
Separated 2014
Home was remortgaged by him solely to buy me out when separated. Property was valued at 310K - for which I received 65K to leave
Bought at 200K in Dec 2009 (my deposit of £30K)
Unsure how much he has left on mortgage
Expert:  Clare replied 1 year ago.
How much was outstanding on the mortgage at the time of the separation?
Customer: replied 1 year ago.
Approx 160k
Expert:  Clare replied 1 year ago.
May I ask why you agreed to such a low settlement?
Customer: replied 1 year ago.
Because I wasn't thinking, I was mentally unwell, I had a verbal agreement with him that he would pay back the other money. I signed a separation statement that he has shown to me. I just don't know if I have any right to try and get my money back? Or if I would be wasting time going to see a solicitor. Thanks for your help.
Expert:  Clare replied 1 year ago.
Do no worry.Did you have any legal advice regarding the Separation agreement at all?
Customer: replied 1 year ago.
No but the document that I signed said that I had be advised to seek legal advice. I have attached the file
Expert:  Clare replied 1 year ago.
Then please do not worry about it - it does NOT mean that you cannot claim more.What other assets and debts are there and what income do you each have?Clare
Customer: replied 1 year ago.
I know that he has the debt of the remaining mortgage on the home, and other debts in way of credit cards. I don't have any debts, I used the money I took to buy a share in a property which I pay rent on the remaining part to live in.
His income is approx 2k per week. Mine is approx 2k per month (take home) so do you think I should approach a solicitor with this and file for divorce to claim my money back? In your opinion is that document valid?
Expert:  Clare replied 1 year ago.
Hi
The paper that you have signed is not binding within the Family Law situation and when you start divorce proceedings you can start negotiating a final financial settlement
This will take into account the assets that you each currently have and the capital you each brought to the relationship.
It is not a matter of "claiming money back" - it is about reaching a fair financial settlement.
The starting point will be to discuss matters using Family Mediation
www.familymediationehlpline.co.uk
Please ask if you need further details
Clare
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