How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29038
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Ok, as Im seeing my solicitor on Monday to discuss the first

Customer Question

Ok, as I'm seeing my solicitor on Monday to discuss the first upcoming hearing for the finances application in 3 weeks (initiated by myself), my strategy was going to be first, sale of all the properties so we can both be adequately rehoused and the children have somewhere decent to sleep with both of us. Then a pension sharing order, so I can push for that decree absolute finally and then chase the money that she won't declare. Priority for me is to get out of this property where I am and not have to go through another winter here where the roof is leaking in several places, wallpaper is coming off in places due to leaks and damp (not in the children's bedroom thankfully)..What's your opinion on this?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Clare replied 1 year ago.
Hi Nigel
Just remind me of the value of the assets?
Claire
Customer: replied 1 year ago.

3 uk properties, (all circa) fmh 240-250k, investment property 90k, 65k and spanish property anything between 100-150k..plus savings anything between 100-150k plus children's accounts probably around 80k (would like to leave that for them as is, but to have equal control)

(no names pls Wink)

Expert:  Clare replied 1 year ago.
HI
What are the mortgages on the properties?
Claire
Customer: replied 1 year ago.

None - al paid off.

Expert:  Clare replied 1 year ago.
Hi
Where did the funds come from originally?
Claire
Customer: replied 1 year ago.

2 uk and 1 spanish joint savings and wages, 1 sole from ex's savings..does that really matter? it was all bought during the 11 years of marriage.?!

Expert:  Clare replied 1 year ago.
HI
Yes where the money came from Will be one of the issues - did she use any inherited funds to purchase the property?
Claire
Customer: replied 1 year ago.

No, just savings she put aside from wages whilst working. May include some redundancy..

Expert:  Clare replied 1 year ago.
Hi
What capital did you each bring to the relationship?
Claire
Customer: replied 1 year ago.

about equal..she may have had a little bit more, but she gave me a loan which i paid off and we paid everything 50/50 from day 1 to the last day

Expert:  Clare replied 1 year ago.
Hi
Excellent.
You need to understand that the finances are dealt with as a whole - so the Pension Sharing Order will not be made until the Final Financial Order is made.
The starting point for division of the assets is 50/50 although it is possible that a "soft" Judge will give her 60% as she is the "main carer" however unfair that is.
So bear that in mind in the negotiations.
Since there are ample funds and assets involved there is little chance that the court will order the sale of the matrimonial home unless your ex agrees to it.
So the most likely option is the sale of the two investment properties - you receiving a lump sum - and either she keeps the Spanish property and gives you extra cash for it - or it is sold and divided between you.
Remember this can only be the roughest of guides as I do not know all the details!
I hope this helps - as always ask if you need anything clarified
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29038
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

ok.

1. the sale of the 2 investment properties would not give me anywhere near even 40/60.

without the sale of the spanish property, i wouldn't be able to get rehoused in a similar property in the same area which i want to be nearer the children. also, the fmh is a 4 bedroom house and she does not need 4 bedrooms. in addition her father just passed away and the house is empty, in the same street and she would have where to stay

Q: should i request to move back into the fmh. would the courts consider that in your opinion?

 

there are sizeable savings (if we get to them) to compensate me for the shortfall on the sale of the 2 investment properties, but unless she comes clean with those, the only think I have left is to consider buying a far smaller property, 2 bed which is a NO because of the children's age and gender. we both need 3 bedrooms. also after putting 50 % of money into the house and my soul and body with a lot of hard labour, the least I deserve is a chance to offer my children when they stay with me is equal style and luxury accodmodation they have in the fmh.

 

2. If she has somewhere to live (her father's house in the same street) and the bulk of the money is in the fmh,

Q:do i have a good argument to ask to force the sale of the fmh so we both have a good starting point and pot to get 2 decent properties so we can provide adequate accommodation for the children. also, that should soon change, with the upcoming application and the children's wishes to spend more time with me. just 1 extra night (thursday) a week and we have 50/50 contact.

 

i'm curious: i asked you a similar question recently when i had in mind we jointly keep the spanish property and split the rest by selling all of it, you said that unless i accepted the sale of the the spanish property i could not count on getting the fmh sold. i am now accepting the sale of the spanish property, but i cannot see funds coming from that for at least a year or two?! where do i get the shortfall from?

i could maybe accept it as the shortfall and let her stay in the fmh because the fmh is worth on its own like the other 3 together..i could then use the rent to cover a top up mortgage to buy a 3 bed in the same area. i would then consider getting a smaller chunk of the savings when they "come to surface" again.

another option, leave the spanish one for the children in equal shares and let me use their savings to be rehoused properly..i mean there are options, its just a question of what will get pass the judge on the day (depending on his/hers mood and whether they had a row at home themselves and have turned up at court in a bad mood Sealed )

Expert:  Clare replied 1 year ago.
HI
The advice I gave you was based on the savings being available to you so that the figures would balance easily.
If you leave the savings out of it altogether then you face the problem that if she keeps the FMH and you keep the two other properties then there is a 60/40 split and the court is likely to see that as a convenient option with the Spanish property being sold and divided when the sale eventually goes through
Her fathers house is not somewhere else she can live - it is her fathers property and not hers and should not be brought into the equation at all
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29038
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

ok..:( maybe it wasn't what i was hoping for, but I appreciate you telling me how it is. IF you were in court with me, which "card" would you try to play to get the fmh sold..just out of interest.?


thanks

Expert:  Clare replied 1 year ago.
Hi
Why do you want it sold?
Claire
Customer: replied 1 year ago.

Sorry, didn't realise there was a question here from you:


many reasons, main is because we had a verbal agreement from day 1 that we invest equally, if we split up we would sell it and we have not invested exactly equally. Financially yes, I now suffer with back problems and will for the rest of my life because of hard work on the FMH.


Its only fair and right to sell and we both move on. And as I said, most of the equity is in the FMH. I need to move into another property before winter and should not spend another in impoverished conditions - I've earned my right to at least put a decent roof over my children's heads. Maybe there is a degree of revenge, emotional attachment to the house..i don't know. Either way the children don't mind we both move on and get new houses

Expert:  Clare replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
 
 
 
Chat Now With A Solicitor
Clare
Clare
Solicitor
12996 Satisfied Customers
25 years experience of all aspects of family law