Divorce: Ancillary Matters - Division of Matrimonial Assets

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Old May 5th, 2008, 01:39 AM   #1
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Default Divorce: Ancillary Matters - Division of Matrimonial Assets

My 25 year old marriage was dissolved by the family court in August 2007. My wife went to court for divorce alleging that I had estranged her. The real reason is that her unreasonable behavior (numerous instances) forced me to leave the matrimonial home even though I loved my two kids. I had contested based on this and finally agreed for uncontested dissolution of the marriage to avoid further chaos and trauma.

Currently the ancillary matters are being heard in chambers as the mediation is failed.

The matrimonial home is in my wife’s name and she is paying the loan installment. Except, loan mortgage installment, all the major home expenses were from my earnings only. I have contributed to family almost 400% than my wife and almost wiped out my entire salary earnings including bonus and overtime payments received for 21 years till I was forced to leave the matrimonial home. I have contributed mainly:

(1) First 8 years of marriage, I was the sole provider for the whole family comprising wife, two children and myself and wife was not working.

(2) I have directly contributed to 80% of the renovation cost for the newly bought house in 1995(evidences are available in the form of receipts/bank payments.).

(3) 90 % of the children’s educational and expenses until I was forced to leave the house in the year 2003 (Most of the money were transferred from my bank account to children’s bank account).

(4) 90% of the home expenses for my family and wife’s parents (The wife’s parents have rented out two properties for substantial sum). The wife’s parents opted to stay with us even though their only son is earning very high income.

(5) My wife kept the sale proceeds of a matrimonial home which was a gift from her parents & sold up on buying the new house in 1995 and deposited in the bank for savings. She and children are staying in the matrimonial home.

(6) Currently I am (54 years old) unemployed due to health problem, diabetes. Hypertension, diabetic retinopathy, lipidimia and leg problems.

(7) My wife does not want to part with her money and sell and divide the matrimonial home. She is earning a decent salary.


Kindly advise what percentage of the assets shall be claimed by me? The children are 23 and 19 years old and still in college. My wife claims for maintenance for the grown up children and herself even though she is earning a decent salary and has bank savings

Many thanks in advance to the specialists for the kind advice and instructionsTO PROCEED.
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Old May 5th, 2008, 05:26 PM   #2
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Default Re: Divorce: Ancillary Matters - Division of Matrimonial Assets

Marital assets are normally split 50/50.
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Old May 6th, 2008, 10:08 PM   #3
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Default Re: Divorce: Ancillary Matters - Division of Matrimonial Assets

Thank you for the valuable advice.
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