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Advice needed

Posted by Kit 
Kit
Advice needed
March 31, 2024 07:32PM
Hi I need a bit advice on potential financial outcome
Separated 6.5 years, married 25 years (this includes separation) i am 65 she is 52. Her income is 35k but will be 45k in 2 years, I will retire soon so will be on state pension fairly soon
Family home worth about 500k, rental about 350k
Pensions me 190k not final salary hers 100k but final salary
Savings me 200k, her 50k I have saved about 150k while separated
Children all over 18
She is inheriting about 250k at some point it’s a property that’s in a trust and she is a beneficiary when the elderly life tenant passes
Any help would be appreciated
Thanks
Re: Advice needed
April 01, 2024 06:15PM
The information given is a bit selective.

For instance, you do not say how much you earn now but do say how much, in your opinion, your wife should earn in two years' time.

I assume there are no longer any dependent children although please note there are some circumstances under which a child over the age of 18 can still be a dependent.

The main issue likely to determine how assets will be divided in the circumstances you describe are where you will each live and how that will be funded. Since you are separated I assume you live somewhere. Whether that is rented or owned may well be relevant. So too will be the nature of the two properties you mention such as how amny bedrooms they each have, what type of property they each are, whether either or both is subject to a mortgage, whether either or both are jointly owned etc. With that sort of context it may then be possible to work out what your respective housing needs are going forward.
Kit
Re: Advice needed
April 01, 2024 10:17PM
Thanks for your reply David
I live in family home she is in rented that I have being paying for at 1100 pm I earn 45k plus about 18k rental income
60k mortgage on family home rental is house converted into 3 self contained flats. No mortgage on rental both properties jointly owned however she hasn’t contributed to either
Rental was put into joint names just to save tax. The rental was intended to provide me with a pension
Re: Advice needed
April 02, 2024 11:17AM
Well, the likely outcome is going to depend upon where you will each live after divorce and how that acommodation will be funded. I can tell you for a fact that it would not be reasonable for you to keep the former matrimonial home and the rental property while your wife lives in rented accomodation. This is a long marriage and both properties are jointly owned (regardless of the reason you say the rental property was transferred into joint names). Indeed, in respect of the rental property it is hard to see why your wife does not get half the rental income if it is jointly owned. And on that subject you appear to have been living in the former matrimonial home of which your wife is a joint owner for the last 6.5 years so she has at least an arguable case that you should have been paying her rent for your use of her half share over that period.

If your wife is properly advised it seems to me that she is entitled to at least a half of all assets - pensions and properties. Having said that, I doubt that your wife has been properly advised and, for whatever reason, that may continue to be the case. The present arrangements seem to be unfair to her.

Obviously you and your wife can agree whatever final settlement you both want but if you want the terms of that settlement approved by a court and made final within the context of a divorce I think any court would be llikely to question any settlement which did not provide (broadly) for an equal division of assets. I suspect this is not your preferred outcome.
Kit
Re: Advice needed
April 02, 2024 12:17PM
You don’t seem to be taking into account that she is 13 years younger than me has a good final salary pension her income will soon be 50k and mine will be about 16k
We have enough equity to buy 2 houses
I have been paying her rent , utility bills, council tax for 6.5 years so I don’t think she is being treated unfairly

Tbh I think the whole system stinks before I meet her I had a house which she will be effectively getting half of , during our marriage I have paid for virtually everything and you think she is getting treated unfairly , you must be off your rocker

I think I will talk to the professionals in future
Kit
Re: Advice needed
April 02, 2024 01:08PM
Don’t worry I won’t be doing it again
in which jurisdictions is the ownership taken into account? it can’t be USA considering the massive amounts going to ex wives
Re: Advice needed
April 03, 2024 10:31AM
I think what you are failing to take into account is the length of the marriage and that you have raised children to adulthood together. It is unrealistic to think that after this sort of length of time, this history of raising a family together and with properties being in joint names that assets are in some way 'yours'. I was aware from your first post that you very likely would not like what I said but if your wife is properly advised I can see absolutely no reason why she should not be entitled to half the matrimonial assets.

Your wife is living in rented accommodation while you continue to live in the jointly owned matrimonial home and to take the rent from the tenants in another jointly owned property. There is no obvious fairness in that. It is true that you pay her rent etc but that simply goes some way to offset the fact that you are the one occupying the jointly owned matrimonial home and receiving all the rent.

With a marriage of this length when the property is in joint names saying that you owned X before the marriage really won't work as an argument.
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