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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Been married 15 years bought villa (Portugal) 5-6years sold

Resolved Question:

Been married 15 years bought villa (Portugal) 5-6years sold over Xmas house in joint names both signed form in front of English solicitor so he could act on our behalf been seperated four years now still pay my half of the mortgage spoke to wife ,said when I forts lived with her I had no money to put into our first house so she will work out how much I owe her and she will take it out of my share once all the bills are paid
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
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 were the proceeds of sale?
What is the value of the other assets?
Clare
Customer: replied 3 years ago.
App 240,000euros no other assets thanks clare
Expert:  Clare replied 3 years ago.
Hi
Was the Villa your matrimonial home?
Clare
Customer: replied 3 years ago.
No had two moves in England rented portugal out to friends had regular holidays ,I had almost a year in Portugal doing renovations and trying to find work
Expert:  Clare replied 3 years ago.
Hi
What happened to the last UK house you lived in together?
Clare
Customer: replied 3 years ago.
Went towards Portugal villa we rented afterwards ,supposed to be an investment
Expert:  Clare replied 3 years ago.
Hi
What capital did you each bring to the marriage?
Clare
Customer: replied 3 years ago.
I had nothing I was still paying the first mortgage her solicitors took me to the cleaners, her husband was generous she always kept her cards close to her chest she dealt with all the finances as she was an accountant
Expert:  Clare replied 3 years ago.
Hi
The house that was sold before the Villa - what was the sale price and how much was outstanding on the mortgage
Clare
Customer: replied 3 years ago.
Approx sale price 275,000 approx left on mortgage 150,000 roughly as I said she had all the money dealings
Expert:  Clare replied 3 years ago.
Hi
How old are you both and what income do you each have
Clare
Customer: replied 3 years ago.
I'm 64 in June self employed 20k per annum my wife is 60 this year self employed accountant (she would never tell me what she earns probably 25-30 k per annum .for the next two days I will be working in a place where there in no signal for my phone if you need more info I. Will contact you Monday night my apologies
Expert:  Clare replied 3 years ago.
Hi
That is fine - last question I hope - did you live together prior to the marriage and if so for how long?
Clare
Customer: replied 3 years ago.
Approx 10 months before we married
Expert:  Clare replied 3 years ago.
Hi
Sorry - one more - who is currently holding the funds?
Clare
Customer: replied 3 years ago.
Solicitor in portugal
Expert:  Clare replied 3 years ago.
Hi Gordon
A 16 year relationship means that under the divorce law in England and Wales the starting point for division of the assets will be 50/50 - and the fact that your ex brought more capital to the relationship is not likely to substantially change that
Accordingly you should notify the Portuguese Lawyer that there should be no distribution unless you both agree or there is a court order
You should then try and negotiate a settlement with your ex using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details please ask
Clare
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