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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35562
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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I am involved in a financial remedy case with my ex husband

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I am involved in a financial remedy case with my ex husband and have a FDA hearing next month. I have received his form E. He has been living in his family farm house with his parents for the last 3 and half years. It would a a large house with an annex on the side. He chooses to see the children every other weekend and they go and stay at this house. On his Form E he has stated that he is a tenant and there are no other occupants in the house but on his outgoings list on form E and from his bank statements he pays no rent, bills or council tax. Is it fair to say I should question this in my questionnaire? He wants the fmh sold and he is asking for a 4 bedroom when our 3 children currently live in the house with myself.

My name is ***** ***** I shall do my best to help you.

Do you think his parents are actually charging him rent?

Customer: replied 25 days ago.
No
Customer: replied 25 days ago.
Can’t see anything on his bank statements to him paying rent or bills.

So what questions do you need to raise about that issue?

Customer: replied 24 days ago.
I want him to clarify who is paying the bills, it’s strange that he put tenant and not living with parents. Unless he has Another bank account he uses to pay these bills.
Customer: replied 24 days ago.
When we were married the house was put into a life trust so when one of his parents pass away the house will go into his and his brothers name. He hasn’t put that down on his form E but they could have changed that.
Customer: replied 24 days ago.
Also in the occupants bit on the form he hasn’t put his parents are living there.

The question is how will this information help your case

On one level it has little relevance - he is adequately housed - and it is the housing needs of you and your children that are the priority

If you feel strongly about the issue then ask something like

"please confirm that you in fact live in a separate annex on a property that is held on a life Trust with you as one of the beneficiaries"

I hope that this is of assistance - please ask if you need further details

Customer: replied 23 days ago.
Thanks Clare, I think it will help my case by highlighting to him and his solicitor and maybe the judge later on down the line exactly what you have said he said a adequately housed. After 2 years of trying to negotiate a settlement with him. He just doesn’t see that the children’s housing needs come first. I have said I am prepared to sell the house and downsize to a smaller house. I Can get a small mortgage on my salary and we have about 300k equity in the house. So I suggested I have 200 k approx 65% which would keep me in the catchment area of the school and so the kids could stay local and get the bus etc. He turned me down. He wants at least 60%. I have a larger pension than his which I accrued before the marriage and then gave up my job in the bank to bring up the kids. I did go back to work but only part time. We don’t earn large salaries though so spousal maintenance doesn’t really come into it. I am happy for a clean break as long as I can house the children. I am happy to give him some of my pension to offset getting more on the house. But in the past he has said no. I get the feeling now he is going to go for my pension now. If it was accrued before the marriage does that make a difference in any way. We were married 15 years?

He has a claim on half of the pension that has accrued during the marriage.

The fact that he has not accepted you reasonable offer is his problem not yours - just stay calm and continue to offer the same deal

Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 22 days ago.
Thanks Clare