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Division of Assets

  • galaxy96
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29 Oct 08 #60776 by galaxy96
Topic started by galaxy96
After a marriage of nearly 20years, my estranged wife(45) has seeing her linedance partner(70) for the past 4years and our relationship began falling apart, according to her 6years ago, apparently due to my snoring, breastfeeding our daughter(6)and possibly undiagnosed post natal depression.

Looking back over the past 4years, I kept on being shrugged off or an excuse made to keep me away from her, whenever I tried a cuddle or a peck on the lips, as for the bedroom olympics, I've been celibate the past 6 yrs, so all these pre-disposing factors culminated a month ago, when she told me she didn't love anymore and was intending on see her line dance partner.

I've on many occasions offered the olive branch to reconcile our marriage, even asked my mother-in-law to assist, to no avail, she was actually quite gobsmacked as she hadn't realise the severity of our breakdown.

Finally passing through the anger,denial,failure and acceptance stages after a month, I'm now ready to forge ahead, however it's now the division of assets.

I have properties in Scotland, name on the deeds as an inheritance from my parents,placed long beis she entitlefore we were married, is she entitled to her 50% of my share?.

I also have further three properties in England, one property I can accept her 50% claim, the other property I have 50% interest with my Mum, who's presently is using as her place of residence, now that my late Dad passed away earlier this year, now she has said that she wouldn't kick my Mum out to claim her 50% of this property.

The third property is our marital home, again this property was bought through My grandmother's inheritance money, unfortunately both our names are on the deeds - after all that where do I stand with these properties and how do I know she won't instruct her solicitor to obtain the biggest"Lion Share", oh we do have 5 children ages, 18,16,15,12 and 6.

We have actually agreed that our marital home remains the same for vthe children's stability, however can I ask her to leave the marital home, only to return on a daily basis to look after the children.

Naturally I'll return home after my job in the evenings to put our daughter to bed or help with lifts for my sons, that's my blog - galaxy96

  • Marshy_
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29 Oct 08 #60874 by Marshy_
Reply from Marshy_
Hi Galaxy. You cant realy expect yr stbx to leave the FMH on a daily basis. Yours is a long marriage so expect to lose 50% of all assets. I would expect that becuase of the age of yr daugter (6) you stbx will get 60 - 70% of the equity in the fmh. I doubt that your mum would be made homeless. What may happen is that a charge be placed on that property and when its sold she will get 50%. This is all surmise as you have given me very little to go on. I am not a sol and AR can be complicated. You have lots of assets and the disposal of some of them would cuase undue harm on your mother for instance. This is also not a good time to sell houses. I would in your case go and see a solicitor. Its a lot to sort out. Hope this helps. C

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