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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33514
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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DEAR SIRS; I HAVE TRIED SEVERAL TIMES TO SEND YOU A

Customer Question

DEAR SIRS;
I HAVE TRIED SEVERAL TIMES TO SEND YOU A REQUEST/ANSWER OF A FAMILY MATTER BUT WHENEVER I TRIED TO ''CONTINUE'' THE NEXT PAGE WAS BLANK. ANYWAY.
BACKGROUND
MY SON AND HIS WIFE WERE MARRIED IN ENGLAND IN A ''CIVIL MARRIAGE'' AND IN GREECE A RELIGIOUS ONE.
I UNDERSTAND FOR THE RELIGIOUS ONE IT HAS TO BE DEALT WITH IN GREECE., BOTH BACK IN 2004.
NOW ABOUT THE MARRIAGE IN ENGLAND.
DUE TO SEVERAL ARGUMENTS AND WORST INSULTS AGAINST OUR FAMILY.... BOTH MY SON AND HIS WIFE HAVE DECIDED TO GET A DIVORCE AND EACH TO FOLLOW HIS/HER WAY.
MY SON PRIOR TO HIS MARRIAGE WAS ENGAGED, WITH HIS WIFE TO BE, FOR A COUPLE OF A YEAR OR SO.
THEY LIVED IN A FLAT PURCHASED BY MY SON WHO HAD A MORTGAGE ON INTERESTS PAYING ONLY TERMS.
MY SON ADVISED THE BUILDING SOCIETY THAT HIS THEN FIANCEE WAS LIVING THERE WITH HIM AND THEY
SENT A LETTER TO BE SIGNED BY WAIVING HER RIGHTS OF OWNERSHIP WHICH SHE SIGNED IT. BUT
AFTER THE WEDDING THEY STILL STAYED THERE FOR ABOUT 2 YEARS.
AFTER A COUPLE OF YEARS LATER MY BOTH DECIDED TO PURCHASE A HOUSE WHERE TO RESIDE. MY SON HAD SOME SAVINGS AND HE PLACED THE DEPOSIT OF THE DOWN PAYMENT OF APPROX £100,000 AND HIS WIFE AS MY SON SAID OF ABOUT £20,000.
UP TO THIS MOMENT MY SON HAS BEEN PAYING THE MORTGAGE, WHICH HAS BEEN TAKEN ON PAYING CAPITAL AND INTERESTS.
2 YEARS AGO THEY DECIDED TO MAKE SOME EXTENSION AND REFURBISHMENT OF THE HOUSE WHICH UP TO
NOW HAS COST MY SON IN THE SUM OF £170,000 APPROX. THERE ARE SOME OUTSTANDING WORKS STILL TO BE DONE BUT MY SON IS NOT PREPARED TO PROCEED FURTHER... DUE TO THE DISPUTE AND THEIR
DECISION TO DIVORCE. THUS THE PROPERTY WILL HAVE TO BE SOLD AS IT IS.
MY SON SINCE MANY YEARS AGO HAS HAD A BANK ACCOUNT AND A SAVING ONE. HE, IN
GOOD GESTURE, ASKED THE BANK TO HAVE HIS WIFE JOINED IN HIS ACCOUNT. HIS WIFE HAS NOT EARNED
NOR WORKED APART OF A COUPLE OF MONTHS AND THE MONEY DEPOSITED IN THE ACCOUNTS WAS
FROM THE WORK, SALARY AND BONUSES BY MY SON DURING HIS LONG YEARS OF WORK, HE IS NOW 51 YEARS OLD.
MY SON PRIOR TO GETTING MARRIED WENT WITH HIS FIANCEE TO GREECE AND NEGOTIATED AND BOUGHT
A PIECE OF LAND THERE. AGAIN IN GOOD GESTURE INSERTED HIS WIFE TO BE AS JOINT OWNER IN THE DEEDS OF THAT PIECE OF LAND. NO MONEY WAS INVESTED BY THE WIFE TO BE....
I UNDERSTAND THAT THIS ISSUE HAS TO BE ARGUED IN GREECE....
UNDER PRESENT CIRCUMSTANCES OF IMMINENT DIVORCE PROCEEDINGS, VARIOUS QUESTIONS ARE RAISED:
(1) IS THE WIFE ENTITLED TO 50% OF THE SALE PRICE, LESS THE OUTSTANDING MORTGAGE? MOST IMPORTANTLY WHAT ABOUT THE ADDITIONAL AMOUNTS HE INVESTED TO REFURBISH AND MAKE THE EXTENSIONS OF THE HOUSE, IS THIS INCLUDED IN THE DIVISION OF THE PROCEEDS?
(2) IS HIS WIFE ENTITLED OF THE MONEY DEPOSITED IN THE BANKS? IS WORTH TO MENTION THAT HIS
WIFE OPENED AN ACCOUNT ON HER SOLE NAME. WE DO NOT KNOW WHERE THE DEPOSITS ARE
ORIGINATED FROM BUT IT IS EASY TO FIND OUT.
(3) IS HIS WIFE ENTITLED OF THE EQUITY FROM THE POSSIBLE SALE OF THE FLAT WHICH IS NOT IN HER
NAME?
(4) WHO HAS TO PAY THE LEGAL FEES IF THE CASE GOES TO COURT, OR OTHERWISE EVEN BY OUT OF COURT SETTLEMENT?
IF YOU NEED ANY FURTHER INFORMATION PLEASE LET ME KNOW.
IN THE MEANTIME MY SON HAS ASKED 3 VALUATIONS FROM REPUTABLE ESTATE AGENTS SO THAT MY
SON TO KNOW THE EXTENT OF THE MONEY HE WILL HAVE TO SHARE WITH HIS WIFE AFTER THE SALE
OF THE HOUSE AND AFTER HAVING PAID THE OUTSTANDING BALANCE OF THE MORTGAGE AND THUS GIVE AN
END TO THIS SORRY AFFAIR.
I WOULD APPRECIATE IT VERY MUCH RECEIVING YOUR ANSWER AND YOUR FEES INVOLVED FOR ONE OUT CASE ADVICE.
THANKING YOU AGAIN FOR YOUR KIND ATTENTION
YOURS SINCERELY
C. S. ********
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Kindly note that the question raised by me it is within the English Law only, but in the options provided by you there
was NO OPTION UK... hence I pressed EUROPEAN LAW, but disregard that and insert ENGLISH LAW. THANK YOU
Customer: replied 5 months ago.
Ref. ID 16524851-783
Dear Sirs, this morning I received an email from you offering me 25% discount on the next question since you did not have
an expert in the European Law. In the first place your logo is; ''the satisfaction of the customers is your 1st priority''. Well,
the reply you gave me is not satisfactory.... It appears to me you are not reading my second messgae where I told you that
I do not wish you apply the European Law but ENGLISH. Unfortunately originally I ticked European Law because in your
options I could trace all nations but ENGLISH, hence I thought perhaps you included the European Law meaning English as well, but I corrected it on 02/08/2016 at 09.39. Kindly review and give me some answer. Thanks
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 5 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 much are the two properties worth and how much is outstanding on the mortgages.

How much are the savings?

Are there any children involved?

what income do they each have?

Customer: replied 5 months ago.
Hi Clare thank you for your message, here is my answer.
(1) The property, a flat, which was bought by my son prior to his marriage and in which he appears as the only Owner, is of a value of about £250,000. The Mortgage, on interests payable only, is about £130,000. The other property is a house which its
original value was £480,000. My son paid about £100,000 and his wife £20,000 as deposit, Its value now after my son having spent about £170,000 of his own money and the market increase, it must cost about £800,000. My son is expecting 3 valuations when we will know exactly its value. The outstanding of the Mortgage is around £280,000.
(2) From my son's wages and bonuses, there must be in the Bank joint account around £60,000 needed to finish the work of the refurbishments, which my son transferred to another account/Bank in his sole name. His wife sole account UNKNOWN.... Since she is not working, I presume she must have some money withdrawn from the joint account which my son has not checked yet.
(3) No children at all
(4) My son's income is about £50,000 gross and another £50,000 bonus gross. His wife is not working but a year or so
in the beginning of the marriage, around 2004-2005.
(5) My son bought in cash a terrain in Greece, prior to his marriage of about Euros 60,000 in which he included the then
fiancee in the deeds as joint Owners....But that property will be dealt with the Greek Lawyers..
It appears the wife now approached my son for reconciliation. I do not know more details but I would like to be prepared
and know the steps my son should take in the event the arguments start again and thus be able to advice him.
I prefer rather type than talk because of my hard hearing.
Thank you again and good night
C.S. *******
Customer: replied 5 months ago.
P.S. In the joint account now remain only about £4,000 which the wife can withdraw if she needed.
Expert:  Clare replied 5 months ago.

Given the length of the relationship the starting point for the division of all the assets is 50/50.

This will include the flat since it was the matrimonial home.

Given that he has been the only one earning then

He may be able to convince the court that it shoudl be a 60?40 split in his favour

It would be sensible for them to try and discuss matters using Family mediation

www.familymediationcouncil.org.uk

If the matter goes to court then they will each be responsible for their own costs

I hope that this is of assistance - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33514
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 5 months ago.
Thank you Clare, for me is very satisfactory the answer you gave me and kindly ask the office of just answer to debit my account the outright amount of 44 pounds.Kindly point out to them that is an outright question for this case and if I required in the future another question I will be billed separately and not monthly. Thank you again good night
Expert:  Clare replied 5 months ago.

You are most welcome

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