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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5255
Experience:  LLB (Hons)
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SASH_Law ONLY PLEASE. Family Law UK England Q: Mediation and

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Family Law UK England
Q: Mediation and financial settlement. I have an appointment for mediation in 4 days. Initiated by the wife. Should I go for it? They probably can't go to courts without mediation report.
Wife has a half of a good house inherited from parents in Sri Lanka. Her part has Neen rented out for 15 years (sister used the income). She only has one sister there. Not written to their names. She will not disclose it
Can I claim it to discourage her to going to courts?
Q2: How long would it take to get a financial remedy through court? Co's house will be passed to repossession soon and there won't be much to divide.

Hello again

Thank you for requesting me to assist you further. I am about to sign off for today, but didn't want to leave you with no acknowledgement. I will get back to this on Monday afternoon when I am next online here.

In the meantime, can you tell me if you have had sight of the will leaving the property share to your wife? And did this inheritance occur during the marriage? Was it considered to be part of the marital assets - e.g. did you both use the house during the marriage, for holidays or other purposes?

Customer: replied 15 days ago.
Hi Lea, Many thanks for getting back. We were married for 31 years (am 71 and she is59. She left me after I lost the job after a works injury also after losing tribunal case, She is working full time I am partially disabled, really i have the advsntage).
Her parents passed away 20 years ago. House is built as 2 separate flats iHer only sister occupies one, and the other has been rented out for 20 years. (Guess, her sister used the rentaincome). Whewe went on holidays we used t to stay in it
When my wife asked her mother to write the house between the 2 sisters, she refused and kept in parents names. One day (may be soon) she plans t to go back and live there. For that reason she kep her Sri Lankan passport for 34 years. (Loses the property otherwise). I don'plan to claim but have to use for my advantage
Because going I to be homeless if house gets repossessed. If I save it I can remortgage (or sell) and give her share. (About 80,000 and 83,000/- from the other house which has been sold.
Customer: replied 15 days ago.
I guess she is planning to collect the money and go there to live. I can't do that. I have no rights to live there and I brought my inheritance here to pay huge debts after tribunal case. Appreciate if you call me, anytime. Dan.

Please note that I won't be calling you - the site offers calls as a service by other experts, but I do not make calls via this service. Thanks.

I will answer online.

I see absolutely no reason why you should not raise the issue of the additional property in the financial proceedings. After all, she owns it, even if it hasn't been put into her name yet - that seems deliberate, but it doesn't take away from the fact that she owns it. It might indicate, particularly if her intention is to return there, that she needs a bit less from the marital pot than 50%...only the judge can assess that to be fair.

But there is no reason not to use the fact that she has that property and that you will make a claim agaisnt it. The fact that mediation has been arranged is a positive and you should definitely engage with that. You can raise the issue of this property then - it might persuade her to get on and agree to release the funds for the other property.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 15 days ago.
Thank you for getting back. First I have to compliment you. Not only you are an excellent Lawyer, but also you genuinely care and help people, who badly need help. Thank you.
This morning another Lawyer called me and clarified other issues.
I delayed my writing to the court to Amend the Order Requested in my D11, till this evening. Now I am ready, & also you ha en helped to change my directions.
Thank you for all your help, I I have one straight forward question. But ask you in a new thread. - Dan

Thank you for that lovely compliment - it is very much appreciated.

You're very welcome for the help I provided to you - I am delighted to have been able to assist you.

I will look out for your new query.

Customer: replied 14 days ago.
Now I can work out answers, Thank you.

You're very welcome.

Thank you so much for using JA and allowing me to answer your query for you.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!