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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi again, and I really hope you can help as you have always

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Hi again, and I really hope you can help as you have always before. I am trying to settle out of court on the following rather than go to the first financial hearing which is set for May 2nd, it's a 4 year marriage, but been together 5 1/2 years, we have a matrimonial home with approximately £70,000 equity in it, I also have a rented house with about £5-10,000 equity and my estranged wife has a rental property also with about £180,000 equity in it, which we both brought into the marriage, we also co habited in her property for a short time prior to buying the matrimonial home and she has had this property 11 years (again 5 1/2 years of which we have been together). I also have 2 dependant sons who don't live with me but are both under 19 and in further education, I also have about £30,000 in former matrimonial debts which I brought into the latest marriage. My current wife also has an inheritance one day from her elder mother in excess of £300,000 we also both have pensions but the values have not been submitted yet. I know not ALL of the points above May be included in a financial settlement but wanted to give you all the facts as they stand and a back ground into things. What would be your belief of a figure I could realistically achieve by settling out of court or going through the whole court process? I have only received one offer from my wife at the moment and that is for £23,000 which I have obviously rejected. Many thanks in anticipation of your answer as always. Andy
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
On what basis did her solicitors try and justify offering you less than 50% of the equity?
Customer: replied 4 years ago.
She is claiming that her parents gave her a £14,000 deposit to her only to buy the house and that she brought the house into the marriage which is total rubbish as it was £10,000 and a wedding present to us both as we bought the house in June 2009 and married in September 2009
It is unlikely that the court will depart much from a 50/50 division of the equity - with you both keeping the assets that are in your sole name
There is simply no argument for you getting more - but the fact that she has substantial other assets makes it unlikely that the court will go below it despite the gift from her parents
Please ask if you need further details
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