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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 17613
Experience:  I have been practising for 30 years.
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My wife and I have separated we have four properties between

Customer Question

My wife and I have separated we have four properties between us and a child who lived with me in the matrimonial home.I took early retirement because we were able to rent out the other properties what are my rights.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: dont think so
Submitted: 21 days ago.
Category: Family Law
Customer: replied 21 days ago.
Do you have my email address it is***@******.***
Expert:  F E Smith replied 21 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long were you together and married in total?

are you preparing to divorce?

and are you asking about financial settlement?

Customer: replied 21 days ago.
We have been together for twenty years married for 11
The three houses we let out were left to us by our separate parents.
I was in a 50,000 a year job when I took early retirement as we had three houses to rent out and my pension.
My wife has two of the properties I would estimate value of around 300 to 500 thousand pounds.
I have one property left from my parents with around 80 thousand.
I live in the matrimonial home
Value around100 to 120 thousand.
Our daughter lives with me she is 13.
Expert:  F E Smith replied 21 days ago.

This would be classed as a 20 year relationship.

If these properties were required before the marriage or during the marriage, they are likely to be all treated as marital assets and thrown into the pot.

The starting point for the division of marital finances is 50-50 and it is then adjusted up or down, one way or the other, in favour of one partner or the other depending on what the individuals put in at outset, the length of marriage and the time together before marriage, the needs of the individuals after the divorce, what savings, assets, pensions et cetera there are and also the ability of each person to work after the breakup.

The time which a couple are together before they get married will be taken into account because it would be grossly unfair if someone had been together for 30 years and then split up after being married for 12 months to have the finances treated in the same way as a couple who had got married not long after they met and were then divorcing after just 12 months.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but the bulk would be 50-50 and therefore one person may keep the house and the other for example could have the savings and the pensions.

So it’s highly likely that you would do a deal on the 3 houses which are let out perhaps the your husband has two of them and you have the other one in the matrimonial home.

Although he could potentially force any jointly owned houses to be sold, in respect of the matrimonial home, Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

I am glad to help.

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Best wishes.