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Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my husband and i want a divorce. problem is he is sole owner

Customer Question

my husband and i want a divorce. problem is he is sole owner of our property which is currently empty as we are living with his mother. we have been married for 17 year daughter is 16 and is on her fathers side. i want a clean break he has shares in the family company and they are worth anout 200k and money in his accounts bank accounts. he is entitled to properties in his mothers will which are substantial ammounts. He says he will tie it all up in trust so only blood can get the money ie our daughter. i want to know what cam i entitled to and can i baragin with him, i have realised he is trying to drag it out so that we divorce once our daughter turn 18 so he can put things in her name. what am i entitled to. i have found out i should quickly register my interest in the property asap. can you give a little advice. there was a time we almost had our house repossessed i sold all my gold jewllery to sustain us through that period and it would have been valued at 30k todays gold prices which was given to me under islamic marriage law by him and my parents and under islamic divorce law he has to give me back if he divorces me. any advice is helpful. also I have found out he has been withdrawing wages minies from companies under my name and i have not recieved a penny

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

outstanding mortage is about 70k from what i have heard but he keeps all tnings hidden from me. property is worth about 400k

Customer: replied 2 years ago.

I am still waiting for your reply after i gave additional info. Thanks

Customer: replied 2 years ago.
Relist: Incomplete answer.
Customer: replied 2 years ago.

Relist: Incomplete answer. clare asked for extra info about how much mortgage outstanding plus value of property i gave info but she has not replied

Expert:  Clare replied 2 years ago.
My apologies for the delay.
The length of your marriage means that you are entitled to 50% of the matrimonial assets - and if he tries to hide assets in your daughter's names the Court can set those transfers aside.
However you have no claim on any possible future inheritance from his mother
Your claim on the share sin his company can be dealt with by way of your receiving a larger share of the matrimonial home
You can consider issuing an immediate Petition for divorce and then arrange to negotiate a settlement using Family Mediation
I hope that this is of assistance - please ask if you need further details