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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10503
Experience:  I have been practising for 30 years.
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My wife and I are about to move property, The house we live

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hi there. my wife and I are about to move property, The house we live in has her mother farther and her on the deed.We are about to move to a new property where it will be myself and my wife on the deed, but as she is fronting most of the money from the sale of our current property she wants to do a post num agreement that if we were to split up, she would get the house (£155,500) Plus the money from the sale to make it upto £180,000 which is what oiur current house was valued at before we decorated. sop the remaining moneys minus the convieyencing fees will be split between my self and her. This will give me about £20k post completion.I have recently found evidence on facebook of her having sexual relations with a guy from London when she went down there a few months ago, and they are still talking about it on Facebook to each other.. of which I have screen shots!This leaves me with an aweful decision. I hate to put it down to money but she has set the bar so I must raise to it.Do I leave her now? if so.. would I be entitled to half of a 3rd of the sale price of the current house? (about £36k) or shall I complete the sale and move in which case would I get the £20K.I am not on the deed for our current house but we are married (4 years)
Customer: replied 4 months ago.
I put the wrong phone number as my mobile is broken! call me on 0161(###) ###-####
Customer: replied 4 months ago.
our current hose has sold for £211,000

Hello for clarification - how long were you together before you married?

any children under 18?

are you contributing any money to this new property?

Customer: replied 4 months ago.
we have been living together for 8 or so years, I pay for most of the food, all of the council tax, do all the driving, have decorated all though the house with members of my family and paid for all of the fees for the sale of the current property and purchase of the new property. We do not have children
Customer: replied 4 months ago.
I am about to leave work now so please respond via this text system in oppose to a call. Thank you Dan

The offer of a telephone call comes out automatically. It’s optional.

You don’t have to sign a postnuptial agreement unless you sign it willingly and even then, it is essential that you take and are given the opportunity to take legal advice on the effect of the agreement.

Don’t worry about saying that you’re putting it down to money, it very often comes down, one divorce is on the cards, to the finances when the relationship has gone out of the window.

We cannot advise you as to whether you leave no used day. That decision has to be yours.

In respect of your current house, it doesn’t matter whose name is ***** ***** deeds, your financial interest is exactly the same. You can actually register a Matrimonial Home Right notice against the property (which is free) which will stop the property being sold in the event that you split up.

Even if there is a deed of trust which reflects the amount of money that she put in and the amount of money that goes in from you and from elsewhere, that can always be set aside on divorce.

Customer: replied 4 months ago.
Thank you for the above, apologies for the delay - doing this around work - I suppose the question should be then - if I leave today, can I make her sell the house still to give me a cut? or can she just refuse to sell it and stay where she is ? I would need to take some money from it to pay for a deposit on my own house or to rent somewhere... if I leave and get nothing I will be living in my car :sDan

You would not usually be able to force her to sell the house that she lives in with you if her mother and father are also living in the property although if it’s just in their name for convenience, or to preserve their financial interest, that’s a possibility.

You would apply for the order the sale as part of any divorce and/or legal separation proceedings.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.


F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you once again, Her parents do not live with us. They live in Wolverhampton... we live in Manchester... so that's a possibility then.. that's good news.all the very best
Rated 5Stars!!! (I am almost skint with all the conveyance fee's else I would of given a tip also)
thank you!!!

I am glad to help. Thank you for the rating.