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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 have been separated from my wife for nearly 4 years. She

Resolved Question:

I have been separated from my wife for nearly 4 years. She lives in a property we jointly own and I still the mortgage for. I pay other bills etc to the level of c20% of my income. I have a mortgaged flat which I live in. If we were to devorce, I am sure we can agree a settlement on the properties, but would she be entitled to any of my savings accrued since we separated, currently held as premium bonds?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 did you live together for and are there any children involved?
What assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.


Hello Clare


Sorry for dealy in getting back to you.


We were married and living together for c25 years.


We separated (I moved out) almost 4 years ago.


We have four children. Two have left home and two live with my wife in the family home. One is 18 and an apprentis attached to a college and the other is 12 and still at school.


My wife receives Incapacity Benefit, DLA and Income Support as well as child benefits.


I earn c£70k and also receive DLA as a blind person.


The family home is valued at c£350-400k with c£75k left on the mortgage. This is in shared names.


I also own a flat worth c£160k with a mortgage of c£85k. This was purchased with a deposit which we both owned so I expect this to be equally owned although officially only in my name.


I pay both mortgages and most of the utility bills in the family home to the value of c20% of my income.


I have a partner but we do not live together or share any debts or assets.


Thank you so much for your time.


Steve


 

Expert:  Clare replied 3 years ago.
Hi
How much are the savings?
Clare
Customer: replied 3 years ago.


Sorry again, often difficult to find time to respond.


I currently have £20k premium bonds and £3k in a savings account.


Thanks Clare


S

Expert:  Clare replied 3 years ago.
Hi
Is there any income from the second property?
Clare
Customer: replied 3 years ago.


no. My wife and kids live in one and I live in the other full-time.

Expert:  Clare replied 3 years ago.
Hi
What is the pension situation?
Clare
Customer: replied 3 years ago.

Dear Claire


again sorry for delays in this thread.


I have a final salary pension (NHS). I am 49 and expect to retire at age 67. This will give me about 38/40 contributions.


 


We also share an endowment policy which I pay but is joint names. This is due to mature in 2021 in the sum of c£48k. We took this out as originally we had a part and part mortgage. However, both mortgages are repayment only so the plan has always been to use the £48 to repay some of the remaining capital on either of the properties.


Hope this makes sense.


Have a lovely long weekend.


S

Customer: replied 3 years ago.
Relist: No answer yet.
I am only able to log in infrequently so the dialog has been prolonged with a number of additional questions from the expert
Expert:  Clare replied 3 years ago.
Hi
Does your ex have a pension?
To check - do you pay the mortgage PLUS bills to the value of 20% of your income?
Clare
Customer: replied 3 years ago.


Ex has no work pension, only contributions to a state pension.


I pay mortgage and nearly all of the bills - it is this amount that equates to c20% of my income.


S

Expert:  Clare replied 3 years ago.
Hi
When the Family court considers how the matrimonial assets are divided then ALL assets are considered to start with.
It is possible for the court to ignore assets that have been acquired after separation - however if you are only paying a TOTAL of 20% INCLUDING the mortgages then I suspect the court will simply regard your savings as part of the assets available for division
Realistically it is likely that your ex will receive the Matrimonial Home in full and final settlement of her claims
I hope that this is of assistance - please ask if you need further details
Clare
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