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: 27650
Experience:  25 years experience of all aspects of family law
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My wife left home over 5 years when she received her inheritance

Customer Question

My wife left home over 5 years when she received her inheritance from her parents. She said at the time that if I did not make a claim on her then she will not make any financial claims on me. But now she is saying that we should divorce but she wants half the jointly-owned house. Can she do this? Thank you for your assistance.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
-Could you explain your situation a little more?

Customer: replied 1 year ago.

We separated over 5 years ago. We have remained on 'friendly terms'. I live alone in the former matrimonial home and have lived alone since my son moved into his own place some 18 months ago. I would like a final resolution (divorce) now to move on with my life. I have been the main earner throughout our married life. After having the first child 25 years ago, my wife was not required to or had the ambition to seek full-time employment. She took on part-time work mainly at local Sainsburys stores etc. When her inheritance came through, she decided to buy another property with her sister who was newly divorced at the time and left home. She said at the time that she would not make any financial claims from me.

Expert:  Stuart J replied 1 year ago.




I am going to opt out of this for another expert to consider.
Please do not reply or it comes back into my inbox. Another expert will pick it
up at some stage. It is now open to all experts.



Expert:  wendy-Mod replied 1 year ago.
Hello,


I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?


Please let me know if you wish to continue waiting or if you would like for us to close your question.


Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Taxes, Cars, Finance, Tax, to Home Improvement, and more.


Thank you,
Wendy
Customer: replied 1 year ago.

Hello, yes I am still needing assistance. Thank you.

Expert:  wendy-Mod replied 1 year ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How much did she inherit and what income do you each have?
Claire
Customer: replied 1 year ago.

The matrimonial home is fully paid for and is probably worth between £230K to £250K. I do not know exactly ho much she inherited but it was enough to pay cash for a 4 bedroom property (3 bedroom extended) and the rest in investments to give her and her sister a monthly income. They both live in the house they purchased. I believe the inheritance is in the form of a trust fund - my wife and her solicitor being the executors. My annual income is just over £20K. My wife works part-time in a Sainsburys store and I do not know how much she earns. If you need exact figures for her inheritance and salary, I can ask but I doubt if she will divulge at this stage.


 


One other thing: I own a second property (a studio flat) which I purchased from my earnings only and is in my name only, is fully paid for and worth around £125K. The flat is managed by a letting agency and gives me a monthly income of around £420. Up until recently, I was giving the rent from the flat to my daughter whilst she was at uni and then when she was unemloyed until end of April this year - this can be verified by the bank transfers to my daughter's account. There are also monthly management charges related to the flat.


 


When my wife moved into her place over 5 years ago, she said that she would not be making any financial claims on me if I did not make any claims on her inheritance. I have not made any claims on her but now she is saying that she is entitled to half the matrimonial house or as an alternative is given ownership of my flat. I provided for her and the childrens every need when we were together. Unlike her, I have worked to pay for my assets (house, flat etc). She has been blessed with a good inheritance but now also wants a large chunk of what I have worked hard to achieve.


 


You may also like to know that when we bought our first home for £27,500 many many years ago, my wife says that she contributed £13K towards that purchase - I have no reason to doubt this as I presume she has records to verify this statement.

Expert:  Clare replied 1 year ago.
Hi
I am afraid that the news is not good
Given the length of the relationship the starting point for the division of the matrimonial assets is 50/50 - and that includes the property owned in your sole name - but NOT her inheritance
So far as her inheritance is concerned you have no direct claim upon it although it is taken into account as funds that are available to her.
If half of the assets would have been insufficient for you to rehouse yourself then the fact that she had those monies would have meant that you got a larger share of the assets.
Unfortunately in your case this is simply not required.
I appreciate that this is not good news but please ask if you need further information
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27650
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response. As my wife has 50% stake in the assets, is she liable/obliged to contribute towards any maintenance costs and for insuring the matrimonial property?

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:

 
 
 
  • Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    758
    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:

    404
    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:

    394
    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:

    284
    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:

    226
    LL.B (Hons), Higher Prof. Dip. Law & Practice