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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I'm trying to agree a fair settlement with husband regarding

Customer Question

Hello,
I'm trying to agree a fair settlement with husband regarding splitting of property assets. Basically, 2 houses, one in France ( where we've lived for 11 years) worth about 200,000 euros. One rented house in England, worth about £175,000. No savings, no children. Husband has estimated a rough ratio of 2:1 and 4.3:1 investment on each house, in his favour.
I have no pension to speak of ( 9 yrs in NHS), he is waiting for his to kick in at 55yrs. I am 42, him 48. Last salaries in England meant he earned double mine.
Not sure if you need extra info?
Any ideas as to what I should be asking for before agreeing to anything?
Thank you.
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 first.How long have you lived together in total and in which country will the divorce take place?Clare
Customer: replied 1 year ago.
Hello Clare,
We married in 2002 and moved to France in 2004. Having lived below the bread line for several years, I decided to make a break last Spring. I am currently living in my father's holiday home in Normandy. My husband is back in England with his Mum, having said he can't live on his own in the house in case he does something stupid. In theory, it should be me requesting the divorce, therefore, it will be done on French soil as this is where I am based. However, it won't surprise me if he decides to move things on quicker in England. He wants me to agree a settlement, so that we can organise the divorce with as little expense to both parties, as neither of us have an income at present. ( Both living off parents). Does this help?
Thanks, Briony
Expert:  Clare replied 1 year ago.
Hi
What capital did you each bring to the relationship?
Clare
Customer: replied 1 year ago.
Hi,
We bought our house in France with the proceeds of his house. We kept my house rented in England as income. Up until last autumn, my house had remained mine - we then put his name on the deeds ( stupidly) to ensure that in theory we both had a safe income, should anything happen to the other person.
Roughly - he has £45,000 invested in the English house, compared to about £9, 236 of my money. This paid off the mortgage. Ideally, if I had 45,000 to give him, I would say he can keep the french house + 45,000, and then I keep my original house. Is this do-able?
Briony
Expert:  Clare replied 1 year ago.
Hi
What was the sterling equity of both properties when you started living together?
Clare
Customer: replied 1 year ago.
Hi,
I think we sold his for about £170,000 in 2004. I bought mine in 1999 for just under £60,000, so probably around £65,000 when I moved in with him. It was before the market went bonkers. There's about £100,000 capital gain on mine.
Briony
Expert:  Clare replied 1 year ago.
HI
Assuming that the divorce took place in the UK the starting point for division of the assets would be 50/50.
Your ex could possibly claim a little more on the basis that he brought more capital to the relationship - but if he wishes to avoid a possible claim for Spouse maintenance based on his pension capacity then a 50/50 division in full and final settlement would be reasonable.
If you wished to err on the side of generosity then 60/40 in his favour would be the very most to concede
This is of cuorse only a rough guideline - please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi ClareThank you for this - it's what I would have said would be sensible. We both know that I have always brought less to the table, but when there is other 'advice' being thrown into the mix from other relatives, it all starts to get very stressful. Hence, I've made contact with yourselves as a third party. If I pursue the divorce in France, as long as there is a sensible financial agreement organised, it can be fairly straightforward and pain free, and takes about 6 weeks.
If I require further assistance, how do I contact you?
Thanks, Briony
Expert:  Clare replied 1 year ago.
Hi
You can contact me via the site at any time - just ask for me in the title of the question!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you - it's reassuring to know that I can request your input at a later date.
Kind regards,
Briony ( and 4 donkeys and 2 dogs - we all just want a quiet life!)
Expert:  Clare replied 1 year ago.
Hi
Not sure that with four donkeys and two dogs quiet is an option!
Clare
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you been asked to do anything in relation to this?
Expert:  Ben Jones replied 1 year ago.
Sorry please ignore my post above, it was posted in error