How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34038
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My wife and I are about to have a divorce. We have savings

Customer Question

My wife and I are about to have a divorce. We have savings in joint accounts. During our marriage, she was left a sum of money by her nan and she is asking to have it in advance of agreeing a settlement. I am concerned, as we have not agreed anything yet about the split.
What should I do?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Good morning and thank you for your response. please leave it with me. I will be in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months ago.

My apologies. I sent you the above response by accident. I will opt out for another expert.

Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you lived together and how much did her grandmother leave her?

Are there any children involved and what is the value of the other assets?

Expert:  Clare replied 11 months ago.

Are you aware that the site charges extra for a phone call?

Customer: replied 11 months ago.
Married 5 years, living together 8. She has kicked me out 2 weeks ago living on my friends sofa. I am maintaining my share of bills as if I was there, plus having set up a maintenance direct debit appropriate to my salary as well.The amount requested is for £10K. We have £41K in savings confirmed, with another £4K that my wife should have somewhere unconfirmed.
Customer: replied 11 months ago.
I wasn't aware about the extra for the phonecall. Could we continue online?
Expert:  Clare replied 11 months ago.

Are there any children involved?

Customer: replied 11 months ago.
My 4 year old boy still living in our house, which we rent.
Expert:  Clare replied 11 months ago.

Why does she want the savings now?

Customer: replied 11 months ago.
She says her Nan gave it to her and that my nan who also died gave me £5K and that these amounts should not be considered in the divorce.I'd be concerned, as if there was a less than 50:50 split in the outcome, that could leave me with not very much
Customer: replied 11 months ago.
She is saying that she has no money. I have given her more this month £630, than I would have paid if I were there, and she's not paying for me.
Expert:  Clare replied 11 months ago.

How long ago did each of your grandmothers die?

Customer: replied 11 months ago.
Last Christmas for both.
Expert:  Clare replied 11 months ago.

Will she agree to you having your £5,000 at the same time - and will she give credit for the £4,000 that she already has?

Customer: replied 11 months ago.
She won't confirm anything concrete about the additional £4K. She would let me have the £5K. Is it right what she is asking?
Customer: replied 11 months ago.
I'd prefer it to remain in the joint account untouched until we've reached a final agreement.
Expert:  Clare replied 11 months ago.

Realistically it is likely that the family court will say that you should each have your inheritance and that the balance should be split 50?50.

However if you do not agree that any should be withdrawn now then your only option is to freeze the accounts

This is an issue that you need to discuss matters with your wife using Family mediation

www.familymediationcouncil.org.uk

Please ask if you need further details

Customer: replied 11 months ago.
OK. An additional £7K from my grandmother's estate was also given to me at the request of my parents so that takes my amount up to £12K that I've received from my Grandmother's estate. Would his be treated the same by a family court?
Expert:  Clare replied 11 months ago.

So you could both take £10,000 and it would be fair?

Customer: replied 11 months ago.
we could, but the ensuing split would not be fair.I'm not wanting her to lose out. If there were a 60:40 split on the remainder, I'd benefit too much. She still has my son for a large part of the time.
Expert:  Clare replied 11 months ago.

But you could negotiate on what the split would be - taking into account monies already received?

Customer: replied 11 months ago.
Thing is the money will still be in our bank accounts, so it would be difficult to tell when we had the final split and division of money. Are our current account balances taken into account?
Expert:  Clare replied 11 months ago.

But you will each know that the money is as agreed and it is an issue that can be dealt with via Family Mediation

Customer: replied 11 months ago.
Thank you Clare
Expert:  Clare replied 11 months ago.

You are most welcome - I hope all goes well

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    31432
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    31432
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    13955
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    2251
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    758
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice