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Compensation/divorce settlement

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  • Compensation/divorce settlement

    Would compensation awarded before marriage for a traumatic brain injury be taken into account in divorce settlement a few years later.
    Compensation was used to buy a house outright that was put in joint names with partner. Spouse insisting entitled to 50% of everything
    Tags: None

  • #2
    if they were living/caring for you in that house settlement would be 50% generally, you need specialist solicitor to advise you as simply put joint tenants , is the issue relating to selling the property or the event asking for settlement on due interest of 50% and the property stays with you on contract change?

    there is more questions than answers at this point?

    Comment


    • #3
      Obviously with hindsight not putting a formal agreement in place at the time of purchase, to record agreement in respect of the respective contributions, is regrettable. But we are where we are now.

      I recommend that you seek legal advice. Matrimonial finance cases are decided by reference to the available resources and the respective parties' needs. The extent to which you have particular needs arising from the injury giving rise to the damages payment may be a relevant factor, and also the extent (and source) of your contribution to the purchase price.

      But as I said, consult a good solicitor, particularly if there is a sizeable sum at stake.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        As both parties are LIPS, and I expect the PI compensation for TBI to be a complicating factor, would it be best to instruct a barrister for the final hearing. Afraid all available funds so far have been eaten up in solicitors fees for CAO

        Comment


        • #5
          Please read the article "Is everything split 50/50 in a divorce in the uk?" on www.brownturnerross.com This article provides examples of awards after divorce.
          Factors that can affect a divorce settlement may include length of marriage, contribution before marriage (such as your injury award), future needs, future earnings, future pension, abusive partner (not adultery)
          Depending on your circumstances you may be awarded more than 50% of the matrimonial; assets.
          If both parties and their solicitors can reach an agreement without going to court this will be a much cheaper solution. A consent order should be obtained to prevent either party making a court claim in the future.

          Comment


          • #6
            Obviously good legal representation may be helpful.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Best if one solicitor for both parties best if possible cost halved nearly

              Comment


              • #8
                OP first asked this question back in 30 November 2021. I thought it was OP that received a brain injury, not OP's friend. So my references to "your" and "you" in my previous post should read "your friend"

                Comment

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