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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23768
Experience:  Senior Partner at Berkson Wallace
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Recently my wife and I are having problems and she maintains

Customer Question

Recently my wife and I are having problems and she maintains that her money belongs to her which creates a major dilemma for me. Before we were married I was getting housing benefits and council tax benefits but because we are married I cannot claim the benefits anymore and because I am in charge of the flat I have to pay the money which I don't have and as such have to go into my overdraft. What can I do about it short of divorcing her?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing except speaking to the council but they can't help.
JA: 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: Do I have to go to court ? I am disabled and find this very difficult physically.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 15 days ago.
Category: Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Do you mean she does not contribute to bills etc?

in who's name is tenancy?

and how long have you been together and married in total?

Expert:  Stuart J replied 15 days ago.

This is potentially financial abuse.

Unfortunately, the courts will not get involved in marital finances unless you have started divorce or legal separation proceedings.

Unlike domestic violence, where a person can be arrested and charged, it doesn’t apply in respect of financial abuse.

If you are remaining married, the courts will not make her contribute or give you money.

If you decide to get divorced the threat of the legal proceedings and a substantial financial claim by you, may focus her mind.

I’m sorry, I wish I could give you a more favourable answer.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards