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Divorce Settlement

  • ddenmar
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31 May 09 #120282 by ddenmar
Topic started by ddenmar
Hi to anyone who can help me.

I left my husband in Feb 07 due to his drinking, behaviour as he would not leave the matrimonial home.

I have 3 children which he does pay maintenance for, there is no issue there. However, am I entitled to any other settlement from him. This is a tricky case, I will briefly explain.

We had a home in Lancaster which we gave up as his parents said they would buy us a house in Leicestershire (due to change of job by husband). They did buy us a house but would not put it in our name they put it in a trust instead.By that time the house in Lancaster was sold, if I had known they were not going to put it in our name I would not have moved. My mother in law stated that should anything happen to our marriage that I would get 50% of the house. However, when we split she reneged on this and said she didnt say it. I have no written proof that this was the case, so in theory when I moved away from the home there was no assets other than the car and furniture, as the house wasnt ours. I walked away with the car and half of the furniture, Since then he has purchased the house from the trust and got it in his own name. Can I try and get something from him or not? as he purchased this after we separated, so in theory I have no financial ties to it. He earns over £50,000 per year. I gave up my job to have the children. I then worked part time jobs to bring some income in. I am now redundant and struggling to cope.
Please, please, can some one just advise me as I just need to put my mind at rest as I really dont want to go for money if I am not entitled to it.

  • Marshy_
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31 May 09 #120298 by Marshy_
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You dont say how long you was married. This makes a huge difference as a short marriage e entitled to something to start again. And seeing as you gave up a career to bring up the children you should be entitled to something. C.

  • dukey
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31 May 09 #120328 by dukey
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Hello

Can you answer a few questions so wiki peeps can help,

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.

  • Fiona
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31 May 09 #120347 by Fiona
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This sounds a complicated situation and you should see a solicitor. Assuming there is no court order dismissing financial claims against each other, if you had a family house together with your husband within the last few years and now your H has the former matrimonial home in his name it might appear that putting it in trust was a set up to stop or reduce your claims on divorce and a court may well rule the equity is a matrimonial asset.

Again assuming there is no court order dismissing financial claims against each other when there is a big discrepancy in incomes spouse maintenance is awarded according to the need of one party and the ability to pay of the other.

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01 Jun 09 #120513 by ddenmar
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hi thanks for replying. We were married for 14 years

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01 Jun 09 #120515 by ddenmar
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Hi thanks for getting back to me.
We had mean married 14 years until I left him. His age is 47 and mine is 42. 3 children - age 13, 13, 11.
His income in the region of £55,000. Mine is benefits only of about £10,000 as I was made redundant and am struggling to find a job.

Asset I have is a mortgaged property. His is the same. His liabilities I'm not too sure what he has. Mine is £21,000 debt.

Hope this helps.

Basically, do you know if I am entitled to claim anything after I separated with him in Feb 07 or is it all prior to that date.

Hopefuly you can help.

Regards

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