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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 441
Experience:  Expert
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My wife and i live in a Housing Association house. We have

Customer Question

My wife and i live in a Housing Association house. We have been married for 17 years, and ten years ago my wife received an inheritance from her late Father's estate. It was just enough to purchase a bedsit, which we let out to help us with our bills, as i am now retired. We are considering separating, and my wife says i am not entitled to anything from the bedsit. Is she correct ?
JA: Where are you? It matters because laws vary by location.
Customer: East Grinstead West Sussex.
JA: What steps have you taken so far?
Customer: none at all
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so.
Submitted: 14 days ago.
Category: Law
Expert:  Lawry replied 14 days ago.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry you are experiencing this problem with your wife.

Customer: replied 14 days ago.
I seem to have been cut off
Customer: replied 14 days ago.
I was told it was initially £5, but it appears £50 has been taken from my account already
Expert:  Lawry replied 14 days ago.

Sorry, I was on another question.

The fee should only be that if you request a phone call.

If you have any problems contact Customer Services on 0808(###) ###-####

On a split up the starting point is a 50/50 division of all matrimonial assets.

The a court would consider the financial needs and requirements of both parties based on the criteria set down in section 25 of the Matrimonial Causes Act 1973.

These are:

  • the income, earning capacity, property and other financial resource which each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire
  • the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future
  • the standard of living enjoyed by the family before the breakdown of the marriage
  • the age of each party to the marriage and the duration of the marriage
  • any physical or mental disability of either of the parties to the marriage
  • the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family
  • the conduct of each of the parties, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, if that conduct is such that it would in the opinion of the court be inequitable to disregard it
  • in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring
  • in cases where there are young children, the Court’s first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family.

As for an inheritance, although it may not initially be a "matrimonial assets" as it was left top one party, if the asset was used for the benefit of the marriage and as part of the family income etc. it would be included in any financial settlement.

Expert:  Lawry replied 14 days ago.

Is the bedsit owned in joint names?

If so, that would indicate an intention to own the property jointly and it would form part of the matrimonial assets.

Expert:  Lawry replied 14 days ago.

I hope this helps but please ask any further questions you wish and I will endeavour to answer them.