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ASK Biblitz about Division of Assets.


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In UK, has spouse any rights to assets acquired post-separation/divorce application?

All about UK marriage and civil partnership laws at direct.gov.uk, accessed Nov. 30/09.

Brother Biblitz,

Basically, separated two years ago plus, divorce is dragging on due to wife's solicitor's general apathy, consent order agreed, since then I have saved my money and banked it, wife has spent hers, foreign holidays, new car, and has very little savings, now tells me she is still entitled to half of what I have saved since we separated. Is this right?

Biblitz replies:

Probably! The question is how MUCH of it will she be entitled to. Depends on whether the law finds wife contributed in some way to the amt you saved.

It ain't over til it's over, and yours ain't over yet despite separation.

Whether it's right or not depends on how highly you value the amt of volunteer work you no doubt extracted from ex in the course of being manacled to one another. Happily, the courts take rather a different view than estranged husbands.

TinyTeaman

How do I get my stuff back from ex, who refuses to send it?

Ok so almost a year ago my husband and I seperated (legally) and we share custody over out son, BUT for a year noe I have been trying and harping with him to return the rest of my belongings, IM STILL waiting for my cloths from a year ago, and now hes REFUSING to return my grandmothers things she had given me, my wedding bands he STOLE. and ,many other little knick naks Now what legal actionscan I take to get them back ASAP?

Biblitz replies:

You have NOT waited too long! (This in response to a previous reply suggesting asker was out of luck). You'll make a list of all of these items along with anything you may have purchased together during the marriage or that you might have a claim against AFTER you meet with divorce atty, who will then work to press your claim against ex. Relax and start working on that list. You might also start putting together various documents such as tax returns and so on to assist atty.

TinyTeaman

If a couple breaks up after 6 months and they were living together, do they split up their stuff?

Me and my boyfriend have been together for over a year, next year im going to school, and brought up the idea of us renting a apartment together, since it would save up on costs and we already know eachother and what not...anyways. he said no because his dad told him that if you live together for 6 months and then break up, the other gets half of everything like money and all your stuff and what not...this just sounds so untrue to me. but his dad said this. And im thinking maybe my boyfriend got mixed up along the way lol. He has a full time job and i guess is thinking about that if we were to break up.

Biblitz replies:

There are no automatics here, and each jurisdiction has different legislation. Generally speaking, though, the magic term is a year or more (see, for example, the definition of spouse in B.C. legislation, Bill 28 2008 B.C. Wills, Estates and Succession Act and each claim requires considerable evidence. The law is primarily concerned with children of the relationship. After that, it tends to be concerned with relationships in which one partner gives up career/study goals to labor towards those of the other. ... Guess which gender usually gives it up? That's right. The same one who is all too frequently replaced with a newer, younger model once career is established.

Pre-nuptial-ish contracts are certainly one way of avoiding the problem, but, frankly, the living arrangement you propose is SO fraught with other dangers, you'd be wise to take a step back and re-think the risk. For instance, NEVER sign a lease with anyone other than family. Landlord doesn't care who signs the rent cheque, so roomie is free to abscond, leaving you on the hook. Landlord is not responsible for enforcing the private arrangement between you and roomie. Then there are the housekeeping duties, a subject of much disharmony among just about all even mostly content married couples. This is esp trying when you are not in a true marriage-like financial partnership with someone. Gives the guy WAYYYYY too much good service and for what, exactly? If you complain about the arrangement, it's pretty easy for him to quit/replace you. As the student, you have very real dependencies.
... Is it REALLY cheaper to apply this kind of pressure to what is at the moment a pleasant relationship, one you might cherish in the dark period when exam results come in?

Free advice: Pay the money for your own private space! Become whoever it is you'll become post-school, THEN consider merging households but only when you're really clear on an exit strategy. Never enter a contract without a strong, viable exit clause!

TinyTeaman
war

Rupert Garcia

Prints and Posters Grabados y Afiches 1967-1990

Paperback

... Lithography offers mopre textural and painterly surfaces than silkscreen, evident in the 1987 Goliath over David or the U.S. Invasion of Grenada (footnote omitted) in which onrushing GIs and backup helicopter are placed against triangular spears of yellow, blue, and red, overlaid with urgent daubs of color.(-- p. 37)



Live at the Horseshoe

Stompin'Tom Connors

Audio CD, a Canadian classic

Luke's Guitar

... Well, I hocked my watch and I sold my dog, and I pawned the gasoline stove
I hocked my ring and everything just to keep that woman in clothes.
I even pawned a cat, and I hocked my boots and I sold the family car.
But that woman of mine'll be old and blind before I hock my old guitar!
Twang twanga diddle twang a diddle dang twang
And another dang twang and another dang twang ...

TinyTeaman

The Break Up: Who gets to stay and who has to leave?

Much like the Movie with Vince Vaughn and Jen Aniston, my bf and i currently have a place (no lease, just month to month) that is in a great location and i really like it. (plus i can afford it on my own!) I am pretty sure im going to break up with him, hes not got alot of funds right now and is unemployed and not on EI anymore. So my question is, since I am the one ending the realationship- should I leave? or should he? Anyone thats been through this before- tell me : Was it easier for you to just pack up and leave? Do you think it would have been easier to be the one to leave? Was it there too much nostalgia being there after the fact? Also, how much time should I give him to get his stuff out or vice versa? thanks

Biblitz replies:

It is never easier to move! Out he goes! You like the place and pay for it. Show him the door!