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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1146
Experience:  LLB (Hons)
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My wife and I may be splitting up, we have 2 children and

Customer Question

Hi, my wife and I may be splitting up, we have 2 children and live in a family home, but must of the money for the deposit came from my parents heritance
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Bristol
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My wife was a stay at home mum and I worked
Submitted: 11 days ago.
Category: Law
Expert:  SASH_Law replied 11 days ago.

Hi, I'm Lea and I have reviewed your query.

How can I assist you with this today?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 11 days ago.
Hi, Just some guidance please
Customer: replied 11 days ago.
No thanks, ***** ***** mail /text
Expert:  SASH_Law replied 11 days ago.

Was the money given to you and your wife as a gift?

Customer: replied 11 days ago.
Just me when they died
Customer: replied 11 days ago.
I meet my wife 5 years later
Customer: replied 11 days ago.
She moved in to my house then we moved in to a new house which we then became joint owners
Customer: replied 11 days ago.
There was no prenuptial
Customer: replied 11 days ago.
I'm not trying to not let my wife leave with a small amount but just looking to see what's fair
Expert:  SASH_Law replied 11 days ago.

Unfortunately, if the money was gifted to you, and then subsequently used to buy what was the family home, the starting point will be a 50/50 split, unless you and your wife can agree a different split between the two of you. She may want to be conciliatory and acknowledge that you put in a larger proportion than she did.

Mediation might be the best way to start to resolve this and you can find mediators here: https://www.familymediationcouncil.org.uk/

Otherwise, once one of you petitions for divorce, either one of you can apply to the court for a financial settlement. Full disclosure of all financial assets will be needed and the court will consider both parties needs (as well as the children's) in line with s25 of the Matrimonial Causes Act 1973 and divide the assets accordingly. You can find more about what the court takes into consideration here: http://www.legislation.gov.uk/ukpga/1973/18/section/25

The courts usually start at 50/50 for a medium to long term marriage and then work out who needs more based on what circumstances are applicable.

Does that assist?

Expert:  SASH_Law replied 11 days ago.

Can I check that you received my response and that it answered your query?

Expert:  SASH_Law replied 10 days ago.

Do you have any further queries with regards ***** *****?

Expert:  SASH_Law replied 9 days ago.

.

Expert:  SASH_Law replied 5 days ago.

.

Expert:  SASH_Law replied 4 days ago.

Would you kindly return to the site to rate my response positively as that is the way that I am credited for the time spent assisting you. Thank you.