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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I would welcome your advice on the following matter. My husband

Resolved Question:

I would welcome your advice on the following matter.
My husband and I have been separated for a number of years not through the Courts but of our own volition. It is amicable as we have two children.

The marital home we shared until separation is in my name sole as I inherited it from my deceased parents. We maintain separate bank accounts etc as well as savings accounts.

My husband is facing a compensation claim through Civil Court. His solicitor has told him that any judgement would be against his assets sole and not involve me.
Can you confirm for me that this is the case? Any reassurance would be much appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and how old are the children?
Clare
Customer: replied 2 years ago.

We have been married for 39 years, separated 14 years, both children now adult over 21's

Expert:  Clare replied 2 years ago.
Hi
Do you have any ongoing financial links at all?
Clare
Customer: replied 2 years ago.


Sorry for delay had a computer crash!


 


For many years we lived separately but as I said it was very amicable and he is currently very unwell with heart problems so as a family we decided he could live under our roof but of course in a separate bedroom. He pays a small amount by way of room rent and a small proportion towards household bills whilst he is here. If all goes well and he recovers he will probably move out again so this is short term only. Otherwise all our monies are entirely separate. His income from part time work etc plus pension go into his account only to which we of course have no access whatsoever.

Expert:  Clare replied 2 years ago.
Hi
How long has he been living with you again?
Clare
Customer: replied 2 years ago.


Since the last 8 months, he is due for an op later this week and dependant upon this is how much longer it will be. If I ask him to move out he would be alone and we are afraid that something might happen.

Expert:  Clare replied 2 years ago.
Hi
Is there any risk he will go bankrupt?
Clare
Customer: replied 2 years ago.

If the claim goes against him then he will not have sufficient assets to meet it.

Expert:  Clare replied 2 years ago.
Hi
Were he not once again living with you the answer would be relatively clear cut.
The length of time you have been separated and the fact that you inherited the property originally would have diminished any suggestion that his potential claim on the matrimonial home should be taken into account when assessing his assets
The fact that he is now living again with you make sit more likely that the argument will be made - but the circumstances make it unlikely that the Trustee in Bankruptcy will pursue it
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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