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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
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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My ex wife is taking me to court Financial order. I

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My ex wife is taking me to court for the Financial order.
I am currently unemployed and left my last job due to ill health. The only assets are the house which has approx 150k equity. The relationship started in 2002 and we cohabited until we married in 2007.
My wife owned the matrimonial home until 2006 until she sold me half for 110k making a paper profit for her since purchase in 2004 of 45k.
I was forced to sign a trust deed in 2006 showing the financial split due to previous debt history.
We married in 2007 and until Sept 2013 I provided a substantial contribution to the family finances as well as paying the outstanding mortgage payments.
My wife had a child from a previous relationship who I took on as if he were my own child. We then had a child in 2010 who lives with my wife in the matrimonial home.
I left in Sept 2010 due to pressures to buy a new house and also my wife no longer wished to have any sexual relations with me.
I paid child maintenance until Feb 2015 when I terminated my employment due to ill health suffering from haemachromatosis.
Where do I stand on my share of the equity in the house and will I receive anything in court?
I have previous company pensions total 100k
I also have debts of 35k incurred during the marriage through Loans and credit cards.
I expect my ex wife to have savings in her bank having taken 42k over 6.5years from the joint bank account for her own personal allowance. My wife earns 10k a year in a part time job and only contributed £600 a month to joint bills and then took her £500 allowance out.
Customer: replied 2 years ago.
Financial ownership on trust deed was 50% each and o/s mortgage is currently 80k
Customer: replied 2 years ago.
I am 43 and my wife is 44. My wife's first child is now 24 and no longer lives with her.My wife may have a very small pension of 20kOnce I find another job I have no issue in paying CSA at 12% rate for my daughterMy health issue is still ongoing and is affecting my chances of finding work easily in my line of work as an IT consultantMy ex wife is demanding 100% of the equity in the matrimonial home.
Customer: replied 2 years ago.
Also I am now living in a rented apartment receiving JSA and housing benefit, my father is assisting with my priority bills shortfall and I have no money in my bank account or any savings
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage.How much does a cheaper two bedroom property in the same school area cost to buy?
Customer: replied 2 years ago.
Hi house valuation is 230k, and 80k is o/s Due to equity my wife has been offered a new 70k mortgage from her bank - LloydsI also have evidence that in gathering 3 valuations my ex wife colluded with one local estate agent to get a low valuation of 210k to reduce my equity share. This however was not submitted after email valuation discussions between my wife's solicitor and me. It goes against good practice of any estate agent and their ombudsmen guidelines and if necessary I will report them, but shows another example of my ex wife's ultimate goal of financial gain throughout the relationship.Other houses are available for 175-200k closer to my daughters school.
Customer: replied 2 years ago.
Couple more pointsMy wife refused to go through mediation despite going through MIAMs process.As I am on benefits are there any options to get funding as I think I should have a solicitor review my Form E and maybe barrister at court for when the judge indicates his recommendation for the FDR.Due to my legal education and studying the LPC, I have got this far without any legal costs. My wife petitioned for divorce on grounds of unreasonable behaviour and this is awaiting to be made absolute following the grant of decree nisi.
So id the current house is sold your ex would need the majority of the equity to rehouse the child - is that correct?
Customer: replied 2 years ago.
Well if she took 120k that should be sufficient and I will be reasonably happy with 30k. This avoids losing any equity to buying and selling costs of a new property. My ex wife's priority is to remain in the original house however and she has well off parents who have funding to pay off my potential equity share
Are you willing for her to have a Pension Sharing Order in respect of your pension?
Customer: replied 2 years ago.
Not really as 100k pension pot is only worth 5k annual on retirement. The costs of administration to change the pension to an order for my wife would also affect the amount left. My wife had 6-7 years of taking her personal allowance from the joint bank account and chose not to take out a private pension.I take it my wife will go for this despite being a small pension. If as I expect she has savings in her personal bank account plus I will be giving her the house property contents would this not be a suitable bargaining option to leave pensions alone especially as there is the chance she will meet somebody else.
Customer: replied 2 years ago.
HiI understand you maybe busy but will be able to respond any further ?
My apologies for the delay.Yours is a medium length relationship which produced a child.Your wife brought the capital for the matrimonial home to the relationship - but you made a financial contribution paying the mortgage and other bills for 6 yearsThere is a substantial imbalance between the pensions.Whilst the starting point for division of the assets is 50/50 it is the housing needs of the child of the family which have priority.In this case a sale of the property COULD still release sufficient capital to rehouse the child AND release funds to you - making a sale a likely option for the courtYour wife has a clear claim on your pension - for half of 14 years worth - less an allowance for her pension.An 80/20 division of the equity would give your ex sufficient to rehouse herself and you a modest capital sumIt would reflect the fact that your ex will have the care of the child and it would also represent a figure that "buys out" her claim on your pensionSadly there is no basis on which you can access any free legal adviceI hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
Thanks for the detailed response, Can you possibly explain the half the 14 years pension call/claim part? Is this based on length of relationship or time married?
That is very moot point indeed.I always argue that it should be based on the marriage only - but I do not always win the point
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Can I possibly send you a copy of the Deed of Trust for review and your view of how it will / may be used in court
Of course - no problem at all
Customer: replied 2 years ago.
HiPlease find attached
Customer: replied 2 years ago.
Also the trust deed was signed a approx year before marriage
It has no relevance to the issue and will not be of any great use to either party.
Customer: replied 2 years ago.
Thank you for the advice. Are you available for direct approach and what would your fees be for representing be at the initial court hearing. I am based in Liverpool and can you recommend a really good barrister ?
I am afraid that the rules of the site mean that there can be no contact outside of this forum.I do not know any Barristers in Liverpool I am afraid - but when i needed one a while ago (or thought I did) this Chambers was mentioned