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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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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WE DIVORCED IN 2006HE HAD HIS OWN HOUSE UNTIL MADE REDUNDANT

Resolved Question:

WE DIVORCED IN 2006
HE HAD HIS OWN HOUSE UNTIL MADE REDUNDANT IN 2009
HE CAME BACK WITH MY DAUGHTER IN 2009
HE WANTS HALF OF MY HOUSE WHICH IS WORTH ABOUT £180,000
MORTGAGE OWING IS £62,000
HE HAS PENSIONS WHICH HAS A POT VALUE OF £72,000
HE TOOK CASH LUMP SUMS IN 2007 OF £15000
DOES HIS PENSIONS COUNT AS MONEY HE HAS HAD IN SETTLEMENT OF THE
VALUE OF THE HOUSE HE IS OWED
I.E. £180,000 LESS MGE £62,000 =£118 HIS HALF IS DUE £59,000
IF HIS PENSIONS COUNT HE HAS HAD MORE THAN HIS SHARE???
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.
Why were the finances not dealt with in 2006?
Do you have a pension at all?
Did he own his own house at all?
Clare
Customer: replied 2 years ago.

Finances were not dealt with in 2006 possibly because I had a Nervous Breakdown and ended up sectioned in hospital. The Solicitor I used never asked any questions to sort finances out.

I do not have a pension at all.

No he did not own his own house, he was in rented accommodation.

We own this house jointly since 1993.

Many thanks Clare

Expert:  Clare replied 2 years ago.
Hi
I am sorry - that must have been a difficult time for you.
Do either of you have any other assets (apart form his pension) and what income do you each have?
Clare
Customer: replied 2 years ago.

There are no other assets.

Income - John - he is actually on the dole at the moment since 13th June 2004..

Income - Linda - aprox £12,000 this year ( I am self employed)

Many thanks

Linda

Expert:  Clare replied 2 years ago.
Hi
How old are you both - and how well are you?
Clare
Customer: replied 2 years ago.

JOHN D.O.B. 24.2.55. 60 NEXT FEBRUARY

LINDA 17.11.54 60 NOVEMBER

I am on Olanzapine for life - my doctor has twice increased my dosage - I was in 5ng per day - he increased it to 7.5 mg per day 4 weeks ago because of all the arguments I could not cope - last week he increased it to 10mg per day for because again I could not cope - Olanzapine is an antipsychotics drug which stops me having a nervous breakdown again.

John - he does have a hear problem - hypertrophic cardiomyopathy but he is able to work doing light work as long as he does not take a managers job again which could cause too much stress. The doctor could not sign him on the sick because he was ok for light work - so he had to sign on the dole.

Many thanks

Linda

Expert:  Clare replied 2 years ago.
Hi
Are you actually both living in the same house again?
How much would a one bedroom property in a cheaper area cost to buy?
Clare
Customer: replied 2 years ago.

Yes we both live in the same house again

a one bed property in a cheaper area would probably be about £50,000

Expert:  Clare replied 2 years ago.
Hi
Are his pensions in payment at the moment?
Clare
Customer: replied 2 years ago.

Can I please add - we do not live as a couple - we live in the same house but we live separately since April 2009.

His pensions are in payment at the moment - since 2007 he has received £95 per month.

Expert:  Clare replied 2 years ago.
Hi
Do not worry I did understand that!
What split of the equity has he asked for?
Clare
Customer: replied 2 years ago.

he will not tell me ?

Customer: replied 2 years ago.

He has not said ??

Linda

Expert:  Clare replied 2 years ago.
Hi
My apologies I have been offline
The starting point for division of the assets is 50/50 - but you are right that does include his pension.
However a pension pot is not the same as cash - you cannot simply take the money out so there has to be a form of discounting involved.
In your case if he doe snot wish to share his pension then you shoudl ask for a split somewhere between 60/40 and 70/30
You shoudl negotiate using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33506
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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