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Ask Clare Your Own Question
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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my husband is now asking for a divorce after seperation of

Resolved Question:

my husband is now asking for a divorce after seperation of 5yrs which i am quite happy to do,he has stated that he wants no claim on our home as it is in joint names.as we were married for 43yrs when he left.if i sign the divorce papers from the court does it meen i lose the rights to his half of the house if anything happens to him after the divorce weither or not he remains living with his new partner or marrys . he asures me that by law that if anything happens to either of us the house will go to who ever dies first is this correct.
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 much is the house worth and what other assets are there including pensions?
What income do you each have?
Clare
Customer: replied 2 years ago.

our house is worth about 145000 the other assets we have come to an agreement. I really want to no if my first question is true that should anything happen to either of us will the house still go to my husband or my self.

Expert:  Clare replied 2 years ago.
Hi
The answer will depend on some further information that I need to have.
What agreement has actually been made?
Clare
Customer: replied 2 years ago.

that he will continue to pay the mortgage till febuary 2015 as this is the final payment of our mortgage term. as i retired and rec; old age pension and a private pension he has agreed to pay me 240pds a month maintinence, i have agreed not to claim any of his pensions but i need reasurance that i will not lose my home if he remarrys if he died before me.

Expert:  Clare replied 2 years ago.
Hi
Why will he not transfer the property to you?
Clare
Customer: replied 2 years ago.

he says that he will agree to give me his share of the house but i just have his word .he has always kept his word up till now but trust has now worn very thin.I have rec;a divorce/dissolution/(judicial) seperation petition . the reason i have contacted you is if i go ahead there is one question i query ie;any matrimonial home rights you may have under part IV of the family law act 1996 will cease unless the court ordered otherwise before the decree is granted

Expert:  Clare replied 2 years ago.
Hi
Do not worry - I understand your concerns.
has he actually used the ground that you have lived apart for more than five years?
Clare
Customer: replied 2 years ago.

yes he has

Customer: replied 2 years ago.

yes he has it will be 5yrs in feb 2014

Expert:  Clare replied 2 years ago.
Hi
That is fine - if you look at the Acknowledgement of Service form that you are asked to complete one of the questions is whether or not you wish the Court to consider your position in the event of divorce - you tick yes.
This will ensure that the final Financial order setting out that you alone will have the benefit of the equity in the property is made prior the Decree Absolute - which it does need to be for you to be certain that there is no problem.
You do also need to think carefully about not actually making a claim against his pensions - any maintenance he pays will die with him
So whilst it is fine to sign the form there are things you need to consider once the Decree Nisi date is set
I hope that this is of assistance - please ask if you need further details
Clare
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