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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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I have been separated from my husband for a year. We will be

Customer Question

Hi there. I have been separated from my husband for a year. We will be divorcing. We have a joint property in Devon, in which I live; and joint property in Turkey which is in the process of selling. Both are unencumbered. . The Devon property was bought last year for £80,000 and we will share approx £58,200 from the Turkish sale. I wish to keep my home in Devon, so my husband wants £40,000 to buy him out. He left home of his own volition after my suggestion the marriage was over following his adultery. He does not wish to return to Devon but still lives in England. I am confused as to how these assets should be divided. Are they added together and split 50/50; ( in which case he would owe me £10,900) ; does he keep my half of the turkish proceeds and I owe him £900, or should he keep the Turkish proceeds and sign the flat over to me? I just don't know what to do for the best. We still communicate fairly amicably but he can be volatile. Tjank you. Michellr Lickfold
Submitted: 13 days ago.
Category: Family Law
Expert:  F E Smith replied 13 days ago.

Hello for clarification - how long have you been married and together in total?

are you looking to divorce?

Customer: replied 13 days ago.
We have been married since 1994, so 23 years. We are looki g to divorce and have no children.
Expert:  F E Smith replied 13 days ago.

It doesn’t matter who is divorcing who or why, the financial division is exactly the same because the court does not apportion blame when it comes to the division of marital finances. It also doesn’t matter who leaves who, the same applies.

The starting point for the division of assets is 50-50 and it then gets adjusted up or down depending on what each person put in over the course of the marriage, the length of the marriage, the needs of each person after the marriage break, what other assets are in the marriage (pensions, savings et cetera) the needs of children, and of course each person’s income and ability to earn.

Although I say the starting point is 50-50, that is not a division of everything down the middle. It’s a division of the notional value of everything down the middle because it’s possible for one person to keep one asset and offset it with the other person keeping another asset.

If you cannot agree who keeps what, then the asset gets sold and the financial proceeds get divided.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 13 days ago.
to clarify. We jointly ran a successful business which allowed us to buy the foreign property and another in the uk. This led tobus being able to buy the current uk property. In recent years, I have only worked part time, but we were living in tied accommodation with my husband's job, so his actual income was low. Overall, his financial input has probably been greater, and my emotional has been greater. i.e. his affair whilst I had cancer, his emotional instability etc. Would this not be taken into account?
Expert:  F E Smith replied 13 days ago.

To be honest, based upon what you said although it might make a minor a bit of difference one way or the other, the cost and trauma of arguing it isn’t going to be worth it and I would suggest just split everything down the middle. What you are talking about is to a great extent intangible

Customer: replied 13 days ago.
I don't want to be unfair to him, as I accept what he has contributed, but just wanted to get a legal perspective. I have not argued when he cleared our savings account( about £5000), took both his motorbikes and a top or the range racing bike, and I have kept the car. (Worth about £1500) but also wish to be fair to myself and my future. Thank you. I will message you if I think of snything else.
Regards. ***** *****ckfold
Expert:  F E Smith replied 13 days ago.

I think those assets value IS worth arguing over