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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My husband and I are getting divorced. He is a professional

Customer Question

My husband and I are getting divorced. He is a professional musician and plays on a viola that hs accrued in value to now be worth £100k. The viola was bought prior to our marriage, but was always calulated as being our JOINT pension. So my husband, who ran the finances took the decision not to pay into my pension fund because we had the house and the viola for the future. The viola was nearly sold to pay for school fees and occasionally he would use a cheaper modern viola with a view to purchasing that and freeing the capital. He now wants the viola to be excluded from the divorce settlement as 'a tool of his trade'. He could buy a cheaper instrument to use with no impact on his work. I have worked right through our marriage and feel that my income enabled us NOT to sell the viola and that I have a right to a share. We were married for 12 years, together for 17, with 3 children, all of whom live with me, under the age of 16 and with only 2 atually in contact (sporadic) with their father. Further, he suffered brain damage - changing personality - hence the divorce - and is due to receive £5000 compensation for the loss of enjoyment for a holiday we both went on. He wants to keep this £5000. What am I entitled to? He can afford a solicitor - I can't. Please help. Ruth
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
What is the value of the other assets?
Customer: replied 5 years ago.

currently we have a house £1m - equity £600k. We bought the house a year ago - just before he left and I was left to manage the total renovation tho he paid jointly with me for the costs. He has never lived in this house which is 7 bedrooms and I have all the furnishings.

A car - worth about £8k

3 children - 12, 14 and 16 - youngest sees him every other weekend for at least one night stay over. The 16 year old has had no contact with him since June last year nd the 14 year old has not stayed over since June last year bar a 4 day holiday with him in Scotland

No other assets

Expert:  Clare replied 5 years ago.
How much would a four bedroom property in the same general area cost?
Customer: replied 5 years ago.

Hi Claire

4 bedroom in the same town would be £425k. In the town next door so the children have to get the bus to school £350k.

It's v difficult. He had an affair (brain damage), moved us from Oxfordshire to Sussex and then kicked off the affair again. I have been responsible for moving us from Oxon t rented house in Sussex and then again to bought house and the management (no the costs) of the total (massive) renovations of the bought house. I work, but am wholly responsbile for the children. Although he has paid the mortgage and cost of the car for the last year, I have had no mainentance and the house is so above my ability to pay - council tax alone is £2078 - even with a single person allowance. All birthday, Christmas, school lunch money, clothes, trips - the lot - as well as food, heating etc all falls to me. I've taken 5 days off work to get house in fit state to sell and to get valuations etc. I have done nothing wrong and yet am always on the fuzzy end of the lolly. Whinging to you helps me - tho clearly won't help you - sorry about that, bu it's just not fair!

Thank you loads


Expert:  Clare replied 5 years ago.
Feel free to vent all you like!
So the house could be sold and you would have enough equity to rehouse yourself and the children mortgage free?