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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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What rights, as a wife of 40years do I have to claim half of

Customer Question

What rights, as a wife of 40years do I have to claim half of a private pension on abandonment? And how do I proceed? My husband is living in Thailand with investments in Thai woman' s tourism business funded from maximum draw down of pension and has now directed the remaining monthly payments to Thailand leaving me with little or no income. Can he force me from our jointly owned family home? (one son over 18 living with me)
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How often does he come to the UK and what ground did you use for the Divorce Proceedings three years ago?
Claire
Customer: replied 3 years ago.

I have no contact with him bar a yearly e-mail he sends demanding I sell the house and divorce. I've heard he wants to invest in properties and plantation with the sale of the house.


I believe he comes to England with the Thai woman on a yearly visit but has not contacted me or his sons when he does. I have had to exclude myself from his tax debts as I had visits from Inland Revenue bailiffs. The house was also secured against his business so has a mortgage outstanding.


Divorce proceedings were on adultery grounds.

Expert:  Clare replied 3 years ago.
Hi
So he actively wants a divorce now?
Claire
Customer: replied 3 years ago.

Yes, but this would not be to my benefit at this time, the house is from where I deride an income by letting a room (which is funding my Master's degree course of which I have one year left.) and also houses (for economic reasons) a son and possibly a second son my have to return in 5mths. The occasional use as a residential gallery was excepted by my bank to extend the loan agreement.

Expert:  Clare replied 3 years ago.
Hi
How much is that property worth, how much is the mortgage worth and who is paying it?
What is the extent of his assets in Thailand and what income do you each have?
Claire
Customer: replied 3 years ago.

Possibly 700,000 but needs repair, 90,000 secured debt against it .I'm paying interest plus capital reduction of 200 per month. My income (apart from lodgers) is a state pension and up and until this month the personal pension of 800+.


His assets as far as I know are investments in and under the name of a Thai in the tourist industry, shop, 40 motorbikes, cars, 4x4 possibly plantation/properties. His own business of recruit might still also be operating. There is no way of knowing as all is hidden and it is unknown how much he took from his business and off shore accounts or the maximum draw down from the pension, as I am not privy to this information. This is why a fair divorce is so difficult.

Customer: replied 3 years ago.

I have received an e-mail from him threatening to take the state pension as well, I believe he is trying to starve me out into selling the home.

Expert:  Clare replied 3 years ago.
Hi
At this stage your best guess is a guide - as much as you have in the house - less or more?
Claire
Customer: replied 3 years ago.

I'm sorry I don't understand the question

Expert:  Clare replied 3 years ago.
Hi
My apologies I phrased it very badly
At your best guess - do his assets in total equal the value of the property - or are they more or less
Claire
Customer: replied 3 years ago.

less

Expert:  Clare replied 3 years ago.
Hi
Again best guess - about how much less - if it was all found (we worry about that later)
Claire
Customer: replied 3 years ago.

well I have early e-mails showing money transfers to Thailand of approx 80,000 then there was outstanding fees due from clients, I settled an early inland revenue bill of 12,000. But I do believe he is still dealing in various ventures to do with the oil and gas industry. He has a linkedin site showing him to be a director of Oak International Asia but I feel it might be a title only used for transfers of money. All I require is my rightful share of the pension and be able to stay in my home.

Expert:  Clare replied 3 years ago.
Hi
For clarity - would you give up your claim on the private pension if you could keep your home?
Claire
Customer: replied 3 years ago.

no I can't live on bricks and mortar be it in any house

Expert:  Clare replied 3 years ago.
Hi
What income do you have and how much do you beleive he receives from his pension?
Claire
Customer: replied 3 years ago.

I dont have an income other than this pension which is 900 pm

Customer: replied 3 years ago.

is all this correspondence within my £36? Only I can not run up a huge bill on top off everything else!

Expert:  Clare replied 3 years ago.
Hi
Do not worry - this is all part of the one thread as we try and tease out all the necessary information.
May I ask how old you both are?
Claire

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