financial relief

[postage]

i have been married for 33 years and am now waiting for the divroce to go final in couple of weeks my husbend wants a financial relief of £35000 from me I do not have the money what i sthe law for this

[FrankGalvin]

What your spouse wants and what he is entitled to receive may be very different from each other. The law provides that matrimonial property (property acquired for the benefit or purpose of the marriage) should be divided fairly. Fairly and equally may not be the same thing either. Your spouse may be entitled to far more than £35k or far less. There is insufficient information to give you the answer you want. If you both own substantial assets jointly then it would be likely that £35k is a very modest settlement.

[STIDW]

The value of the matrimonial property to be shared are all the solely and jointly held assets, including pensions and excluding assets held before marriage, gifts and inheritances, minus any liabilities. Assets held before marriage, gifts and inheritances are non matrimonial but are relevant and depending on the circumstances may be shared too. Where the assets came from is less relevant as time passes so after 33 years everything will almost certainly go into the 'pot.'

Then in a nutshell the pot is then shared according to a checklist of factors in s25 Matrimonial Causes Act 1973 and usually 'needs' comes at the top or very near the top of the list. To be deemed ' fair' and reasonable a settlement should be within the s25 criteria.

If you currently live in the former matrimonial home perhaps your husband is looking for a share of the equity???

[STIDW]

PS The above applies to England & Wales. it's different in Scotland.

[postage]

good answers but let me give youbit more information; the house was jointly owned by both proceeds diveded 50/50 equally we both worked al our lives and paid intothe sam pot for 33 years.
his alligation is that i remorgaged it and pocketed 70K and now i have more. I do not have any more thenhim.
my dicorce comes through in 4 weeks
what can i do to get away from the nasty man.he;s pure evil. and will make my life hell

[ummmm]

Did you remortgage?

[postage]

No I did not.

One only has to look in the history of the propety who its been morgaged with and the morgagee can also varify this

[fredpuli47]

The burden is on him to prove you remortgaged. How could you possibly remortgage alone without his or the existing mortgagee knowing about it ? His claim must be nonsense.I'm afraid that sometimes in divorces common sense and truth go out of the window and fantasy comes in.

[ummmm]

Tell me about it Fred..!!

Are you still living in the house?

[postage]

fredpuli47
That’s the point he wrote a letter to my solicitor and some person who is he’s mate calls himself Zolten solicitor endorsed the letter saying how I re-morgaged the house for 70k and pocketed the money, he said the loan was taken out on joint names, well I signed for no such loan and I am poor as a church mouse.

In any case your 110% correct how can I possibly re- mortgage alone he would have to be present and sign and the big huge bank like Llyads tsb would want to know about it –

Unfourtunetley there are now some overseas soclicitors who do not operate within the UK law Socity. What can I do?

Sit and wait till he drags this out. his solicitor “Z” is also after making some money out of his stupidity and me

[postage]

ummmm I am not in the house any more we sold it one year ago and my divorce is to be made absulte in 3 weeks. I have not seen or spoken to him since then.

[ummmm]

You can prove you didn't remortage as they have records.

Have you got your own solicitor?

[postage]

i have a solicitor for the divorce. but i dont see why I would proove any thing nothing like that happened why not just let him do his own investigations and pay for it

[STIDW]

You mention overseas solicitors, where are you divorcing?