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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2551
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Divorced 1993 no kids. Signed property over to husband. He

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Divorced 1993 no kids. Signed property over to husband. He verbally promised to pay endowment held in joint names. Statements received annually in joint names. Payments always made by ex to endowment. Now matured. Ex won't give 1/2. quotes equitable accounting. Policy worth 28,000. Will only give 2,500. Endowment company say WE must agree on split of payment. Both of us remarried. Help please !
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Now wants to go mediation then threatening court action.
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. As part of the divorce was there a court approved financial settlement, if so what were the terms?

Customer: replied 10 months ago.
No financial settlement. Quick divorce. Just sold one property split proceeds. Signed another property over to ex.
Customer: replied 10 months ago.
I'm not sure if you received my last answer, no financial settlement. Can equitable accounting be used as an argument by him? I've always assumed I would get 1/2, got annual statement every year etc.
Expert:  Harris replied 10 months ago.

Thanks for the confirmation. As there was no financial settlement and you have both remarried, if the matter proceeded to court as it is a matrimonial asset he would only be able to proceed to claim for his legal share of the endowment.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 10 months ago.
you would say even though he has paid all the money in a judge would say he is only entitled to 1/2
Thanks
Customer: replied 10 months ago.
His solicitor says he can argue on equitable accounting?
Expert:  Harris replied 10 months ago.

Have they clarified exactly what figure they have reached if they take into accounts the sole payments he has been making?

Customer: replied 10 months ago.
The endowment in joint names has matured. We paid £2,500 he alone after the divorce paid about 18,000 into a joint named policy over 20+ years promising to split it. Now says he wants it all.
Expert:  Harris replied 10 months ago.

Thank you - he may potentially have a claim towards his contributions on an equitable accounting perspective due to you transferring the property to him. However, as the policy remained in both your names you have argument that it should be split equally.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2551
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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