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Advice on previous marital assests (2 Posts)
Started By:
21 May, 2017 08:51AM
Advice on previous marital assests
Flyddo - 21 May, 2017 08:51AM

New to this forum, basic background info:

I am 52, wife 39.

Got together September 2010, Married May 2012. She has a 14 year old son from previous relationship.

My mother transferred her house over to me in July 2004.
I own approx 60,000 worth of shares and have 2 pensions worth 40,000 each.
Since separating in June 2016 I am living with my mother in the house she signed over to me in 2004 as she needs looking after.

Wife is in marital home with her son.

Has 70,000 in NHS pension and approximately 4000 in shares.

Basically went to court last week, she is seeking to get the marital home and is willing to offer me 30,000. House is worth 215,000 with 60,000 left on mortgage. She also says she won't look into getting a share of the house my mother signed over to me.

Questions on whether this is fair?

I sold 40,000 worth of shares as a deposit for Fmh and spent a fair amount in doing it up?

Also surely the house signed over in 2004 is a premarital asset and shouldn't be considered? Also my shares I have owned since 1995 so shouldn't be considered?

All I am asking is a 60:40 split in her favour of marital home and my clock collection (family heirlooms) returned...

Any advice Gratefully received.

Re: Advice on previous marital assests
davidterry - 22 May, 2017 03:01PM
It rather depends upon how much you earn and how much she earns. If she earns three the amount you do then, no, it would not be fair. On the other hand, if you earn three times the amount she does it would be fair. That is because is it 'needs' which determine the outcome in most cases. How much you each earn is very relevant. It is also perhaps worth pointing out that your housing needs are met whereas the housing needs of a 14 year old child have to be considered.
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