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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My husband had moved out of our home, l have no idea where

Customer Question

My husband had moved out of our home, l have no idea where he is living and have not been formally told by him or his legal team ( if he has one) that we are formally seperated.
The marriage is short just 4 years and is a second marriage for both of us.
I own the house and my husband has contributed for 3 years towards the small mortgage, l lost my mother 2 years ago and was left money, in my name only.
We have no joint accounts and contribute equally to bills etc. I have a low powered part time job my husband works full time and is in receipt of a police pension.
Would he be entitled to my inheritance?
Can l move some of my money to pay for my daughters wedding and towards a deposit for my son to buy a house. This was going to happen before my husband left.
Submitted: 16 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 16 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what is the equity in the house?

- what are the values of the other assets for both of you including pensions ?

- how long were you together before you got married?

- how much was your inheritance? What did you do with it and how much have you got left?

Kind regards

Caroline

Customer: replied 16 days ago.
House - my share £250.000 Husband £140.000( extension added he paid) husband has a police pension but only draws half as ex wife has the other half. Inheritance£150.000 . Spent £20.000 on holidays for us both etc.
Customer: replied 14 days ago.
I have had no response to the above and have paid £36. Why?
Expert:  ukfamilysolicitor replied 5 days ago.

Hello

Thank you for your response. I am very sorry that I have been unavailable.

What you need to know is that either of you can make a claim in relation to the matrimonial finances if divorce proceedings are issued. Everything would have to be disclosed. Your marriage is relatively short so you should be starting by getting back what you put in. The court will want to meet both of your needs moving forward but this should be possible from what you have both put in the house. In relation to your inheritance the court has a wide discretion. It helps that you have kept it separate and that your marriage was short and also that there are other assets to meet needs. You can continue to spend this as you wish but if he wanted to be difficult he could argue that the deposit you give to your son as a matrimonial asset. The court will consider the interest and decide if to include it or not also considering if both your needs will be meet from the assets and considering the length of your marriage.

Kind regards

Caroline