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plclegal, Barrister
Category: Family Law
Satisfied Customers: 9100
Experience:  Barrister at law
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I’m in the middle of divorcing my husband. Things are not

Customer Question

Hello, I’m in the middle of divorcing my husband. Things are not amicable at the moment and I would like some advice on the financial side of things. I currently live in Italy and my ex lives in our uk home. I told him I will stay in our home while he is away as previous times I have stayed with my children as feel uncomfortable with him. He requested I gave dates and when I went there the other day he has
JA: Was the home purchased during the marriage?
Customer: He has put a lock on the bedroom door and under the stairs cupboard and garden shed has a new lock.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: No the house was purchased with my first husband, 10 years later we had the mortgage in both our names. I was advised to give him only 30% but changed it to 50%. He has also removed me as a director of his company and requests I now pay half the mortgage, if I don’t he will take it out of my half when it’s sold. I don’t think he understands he will no have control of he money. He has been extremely nasty since he ended the marriage.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a mortgage in Italy which is solely in my name and I have an Italian solicitor dealing with that. He did allow me €200 a month until May and after I filed for divorce in April he started saying it was half the mortgage in Italy. It has never paid for the mortgage in Italy. I have paid all rent, bills and now mortgage myself on a very small wage.
Submitted: 7 days ago.
Category: Family Law
Customer: replied 7 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 days ago.
Also when I returned at the beginning of July he wanted me to sign for the 2 months of €200 which he changed into sterling, I refused to sign.
Customer: replied 7 days ago.
He messaged me 2 times offering the money again but changed it from mortgage payment to financial assistance money once again I refused to sign. He has for the past 10 years drawn £600 a month which is my directors wage and I used to sort his paperwork before things changed and he led his new life with a new partner. Once he told me he didn’t want to be with be (but denied being with someone else) he would not allow me to see anything connected with his company.
Expert:  plclegal replied 7 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.

Expert:  plclegal replied 7 days ago.

Can you tell me what your question is please? I have read the narrative, what would you like to know?

Customer: replied 7 days ago.
1. Am I in my rights to have the bedroom door opened as there are things I wanted to collect.
2. Will I still get half of the money made from the sale if I do not contribute to the mortgage but have for 34 yrs prior.
3. As I live abroad is it in my best interest to have a person as proxy when selling the house.
Expert:  plclegal replied 7 days ago.

Thank you for clarifying your questions. In response:

1. Yes, you are in your rights, you are equal owners of the whole property. Whilst he is entitled to some privacy, this does not include locking you out of your bedroom and depriving you of access to your belongings.

2. Yes you should. As he is in occupation and you are not, the court would take into account the fact you have your own expenses and not expect you to contribute towards the mortgage of the former family home.

3. Possibly, though to be honest you could just assign proxy to the conveyancer as I understand without having to involve a third party. You can also sign remotely via video link if needed, as far as I am aware.

Can I clarify anything further?

Customer: replied 7 days ago.
In January I paid to speak with a solicitor and he gave me advice about assets, pensions etc.
1. I applied for divorce online once the new law came out. I notice I can pay under £300 for them to sort the finances including maintenance. Would you advise me to do this or use a solicitor company rather than the .gov site?
2. Should I forget about any form of maintenance and only get a solicitor for the sale of the house?
Expert:  plclegal replied 7 days ago.

Thank you for the further questions.

It's perfectly possible to represent yourself throughout the entire process, it's your decision whether to use a solicitor or not.

As to whether you should forget about maintenance or not, I can't answer that as it would involve going through full financial disclosure and advising on the merits of the case, which is far beyond the scope of the general advice we can give here.

I trust that makes sense.

Can I clarify anything more about the general position for you?

Customer: replied 7 days ago.
Thank you for your advice, have a good evening
Expert:  plclegal replied 7 days ago.

My pleasure, you too.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Customer: replied 7 days ago.
Your service was very good thank you
Expert:  plclegal replied 7 days ago.

My pleasure, take care.

Customer: replied 7 days ago.
Thank you, ***** ***** cancel the service after the 7 free days or now?
Expert:  plclegal replied 7 days ago.

It's up to you of course and you have to make contact with customer care as I have no access to your account as an expert.