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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hello,I am currently considering divorce, however my husband

Customer Question

Hello,
I am currently considering divorce, however my husband has been reckless with the finances for whole duration of the marriage (6 years). I have ran the practice (financial services) for nearly ten years.
Over the years he has squandered and controlled finances, which has left my personal finances in shortfall.
We have three properties(all mortgaged) which are all in sole name of my husband. However, two of the properties were acquired whilst we were together, which I helped maintained the business in order for to finance these properties.
The problem is that I have a Notice of home rights under the Family Law Act 1996 in my favour as a spouse since 2011. However, since we are in a financial strain due to my husband's recklessness, one of the properties is on the market and I would like to know how I can protect the remaining proceeds of the sale, as this would be considered as part of the marital assets and I have a feeling he will squander it away without my knowledge.
I have applied for the "unilateral notice" (UN1 Form) for all three properties. My question is it possible to apply for a lien/charge on a contract sale, where the remaining proceeds are frozen before filing for divorce? I do have a reasonable interest in regards ***** ***** financial future settlement? Which form would be required?
There is not much equity in the properties and he has loan/credit cards all at a limit and the business, if sold, would not cover all mortgages.
I would grateful for some advice.
Kind regards,
TG
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
How long have you lived together and how much are the various properties worth
What other assets are there?
Clare
Customer: replied 2 years ago.

Hi,

We have been married/living together for over six years.

1. Marital Home value - £950k

2. Chapman's Cottage (On the market) - £595k

3. Church Walk - £275k

The business is worth £750k

His Pension - £150k

Two vehicles paid

He is 64 years and I am 48 years (with no pension, he always said that I did not need to worry about one, I see now I need to put something in place).

I have a son (his step-son) who is 16 at college lives with us.

I also have an illness that will restrict me from obtaining a mortgage.

All properties are mortgaged and there were borrowings against the Marital home and Chapman's, which I was not aware of until after the fact.

I hope this is sufficient.

Many thanks,

Tamara

Tamara

Expert:  Clare replied 2 years ago.
Hi
How much is outstanding on the mortgages and how much is the business worth?
Clare
Customer: replied 2 years ago.

Hi,

Basically, I need to know if I can place a charge on a property that is for sale and what form is needed....

Previous e-mail detailed the worth of the business (£750k).

Outstanding: £450k + £469k+ £150k mortgages

Again, my first question was basically how to proceed with an application to place a charge on a property that is on the market.

Thanks,

Tamara

Expert:  Clare replied 2 years ago.
Hi
No there is no basis on which you can place a Charge on the properties other than through the financial side of divorce proceedings
You could apply for a freezing Order relating to the proceeds of sale - but realistically there is a strong chance of it NOT being granted.
This is because the equity in the two smaller properties together is still less than half of the equity in the Matrimonial Home - so ant "compensation" if he does squander the sale proceeds can be covered by an adjustment of the equity share in the matrimonial home.
You can read about such orders here
http://www.saracenssolicitors.co.uk/divorce-family-law/protecting-marital-assets
In fact a six year relationship does not entitle you to half of the assets - unless of course you brought a substantial part of the capital to the relationship - and this is a matter that the court will take into account.
Please ask if you need further details
Clare
Clare and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

The substantial part of capitol I brought to the relationship was I worked and saved his business in order for him to acquire the two other properties and not lose the other........when I began working for him, he had to voluntarily place his limited company in liquidation and barely bought back his clients to start again. I was a major and only participant in this process and help him achieve success in a matter of a year turnaround.

I started dating him before working for him in 2005. Properties were purchased in 2006 and we married in 2008. I am currently still working in the practice.

Expert:  Clare replied 2 years ago.
Hi
When did you commence living together?
Clare
Customer: replied 2 years ago.

We lived together after we were married (September 2008) for three months at my residence until the marital home renovations were completed. From there, we moved in the marital home 23rd December 2008.

Expert:  Clare replied 2 years ago.
Hi
Then the court will view this a a six year relationship and given that the purchase of the properties predated the cohabitation your claim on them is limited despite what you contributed as part of your commercial relationship with him.
Accordingly it would not be wise to apply for a freezing order given the capital in the Matrimonial Home which is of course protected
Clare
Customer: replied 2 years ago.

Hi,

It was a relationship prior to a "commercial relationship. " which he needed my help in a business that was in jeopardy.....this matter resulted in a voluntary liquidation and from there I was the only self-employed colleague that helped salvage and turn the business around to a success until he start being professionally irresponsible for the past seven years.

His was on the brink of losing his business and possibly filing bankruptcy.

He has financially benefitted from the success. However, he has been reckless with the finances.......But he says "He wants to save the marriage", well I think he really wants to just save money.

Expert:  Clare replied 2 years ago.
Hi
In Family law the issue is how long the cohabitation is/was I am afraid and what you did whilst you were not cohabiting does not necessarily assist in increasing your claims in the financial side of the divorce.
Clare