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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 9053
Experience:  Barrister at law
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My husband is very controlling. Hes has been accusing me of

Customer Question

My husband is very controlling. Hes has been accusing me of having affairs, even though I had 2 jobs. I moved to Scotland for a job which is with his cousin. I felt pressured in taking. We are selling the flat in London, but its Iin his name, I've been paying my wages into his account for years. I would like to know my legal right.
JA: Has he talked to a lawyer about this? What country does he live in?
Customer: I'm currently in Scotland. He went back to London yesterday. I dont think he has.
JA: What steps has he taken so far?
Customer: I dont think has done anything. It's for me.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Hes controlling, it's his way or no way. He hasn't worked in 3 years, I've been the main bread winner and he thinks this is acceptable
Submitted: 14 days ago.
Category: Law
Expert:  plclegal replied 14 days ago.

Hello and thank you for contacting JustAnswer.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create a lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Expert:  plclegal replied 14 days ago.

Can you clarify for me, are you seeking information on your rights if you divorce?

Can you also clarify whether this would be in relation to the law in England/ Wales or Scotland?

Customer: replied 14 days ago.
Hello
Thank you for getting back to me.
I would like advise on the financial side and what are my rights.
I'm English.
Customer: replied 14 days ago.
I'm at work
Expert:  plclegal replied 14 days ago.

I understand, I'll type a reply shortly, please give me time to do so.

Expert:  plclegal replied 14 days ago.

In England and Wales, the court follows a specific set of guidelines when deciding how to fairly divide matrimonial property. The starting point is always an equal share of all assets. Generally:

1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.

2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.

3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.

4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared equally.

5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue for the court to decide if you are not agreed.

6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so.

7. When deciding how assets should be split fairly, parties' ages, income needs, salary and future financial plans are all relevant. Where it's not possible for one party to remain in a house and keep up the mortgage payments alone, it's more likely that a sale will be agreed through the courts and the proceeds split in accordance with the above principles.

I hope this assists in setting out the legal framework for you? Can I clarify anything more in particular?

Customer: replied 14 days ago.
Thank that has helped alot.
Expert:  plclegal replied 14 days ago.

My pleasure, very happy to have helped.

Is there anything else I can assist with at this point in time?

Customer: replied 14 days ago.
No thank you
Expert:  plclegal replied 14 days ago.

Thank you for confirming.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.