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plclegal, Barrister
Category: Family Law
Satisfied Customers: 7872
Experience:  Barrister at law
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I bought a property with the help of my brother and mother

Customer Question

Hi ThomasI bought a property with the help of my brother and mother before marriage and my cousin is also on the deed of the property. I have also another two properties which my family members have bought before my marriage and I have been added to the properties after my marriage on these two properties however no money has been exchanged. I have not lived with my wife in any of these 3 properties. The properties are all occupied by family. I have two children and she has got a house from the council and is liv8ng their with my children. My ex has not contributed to any of the properties and I have applied to court for my children for 5050. What is the likely outcome of how much percentage wise I will need to pay her? I have been married for 4 years and 11 months and 8 have two children 4 and 2 one boy one girl.
Submitted: 11 days ago.
Category: Family Law
Expert:  Virtual-mod replied 11 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
I will wait a little longer
Expert:  plclegal replied 9 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

Customer: replied 9 days ago.
Thank you and understood.I look forward to hearing from you tomorrow morning.
Expert:  plclegal replied 9 days ago.

Thanks for your patience.

Firstly, I will say that this is a general advice site, and I cannot give you a percentage figure as that would require detailed analysis of the assets and liabilities each of you hold, via your form E disclosure. That's something you need to engage and pay a lawyer directly for I'm afraid.

However, what I can do and am happy to assist with are the general principles:

1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.

2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.

3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.

4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared.

5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue.

6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so.

I hope this assists in setting out the legal framework for you?

In your case, there will be a question as to the share of the properties that you were added to after the date of your marriage and also whether this will be considered a marital asset. They are clearly not family properties, but may be considered assets - this can be argued both ways I'm afraid.

The property that you owned prior to marriage is not a marital asset.

However, all of this is only relevant if your wife's needs are provided for with the assets she has. If not, the court may look to these non-marital assets for additional funds to secure her for the future.

It's not an attractive area of the law, and can get quite messy. It also can feel quite unfair, given that as you say she did not contribute anything to any of these assets. But, any claim will only succeed if she can establish a genuine need. I hope that helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 9 days ago.
HiThank you for your answer.Just to give you abit more information.My ex wife has a house provided to her from the council and also whilst we we together we always lived in rented accommodation.Her housing needs are met and I am paying child maintenance.My gross income is 34k a year including my pension which I take in cash. My ex wife who is on a career break now gets universal credit and with all benefits and child maintenance she receives a net of 20k a year.Their isn't much of a difference between my earning and her earning.Now based on her housing needs being met and further income clarified to you and also to let you know across all three of the properties my relatives live in them and we all take care of one mortgage each.Property 1
£31700 (my share in property I bought before marriage)Property 2
£65,500 (my share to property which I was added during marriage)Property 3
£56,500 (my share to property which I was added during marriage)What decision could the courts go with?
If with cab help with that pleaseThank you
Expert:  plclegal replied 9 days ago.

The starting point, as advised in general terms, is that she would be entitled to claim 50% of the assets acquired after marriage. This is regardless of whether you earned the asset or were gifted it.

This could be achieved by some form of equity release perhaps. There are decent sums of money in play here, and as such there should be no need to delve into the pre-marital assets on the basis of need in my view.

I hope that assists.

Expert:  plclegal replied 9 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter