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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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 partner is trying to sort things with his ex wife

Resolved Question:

My partner is trying to sort things with his ex wife regarding the house and pension. He is in the British army and they were married for almost 7 years. She now after the divorce wants to have the house but my partners name needs to stay in the mortgage for her convenience that they own and half of his pension money. And she says if he doesn't agree with that she will go further in court and asks half of his wage every month during a year and the house and half of his pension. Can you please devise if she can do this at all? Or what are the options for him as we do not want the house but she refuses to sell it. Another thing she says is that she doesn't get all she wants she will make sure that my partner is left with nothing
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 did they live together prior to the marriage.
Are there any children involved and how old are they.
How much is the house worth and how much is outstanding on the mortgage, what other assets are there and what income do they each have.
Clare
Customer: replied 2 years ago.
Hi Clare
They lived together prior to the marriage for 2 months.
There are no kids involved.
The house is worth £85000 - £90000. The value outstanding is £60900.
The only other assets are the car that my partner bought when back to the uk but they were separated already, bought for £5995 but this is now going to be sold to me, all the furniture that is sit ill in the house and she is making use of it, which is worth £7000, there are no savings and my partners pension, which was £50000 accumulated until they have divorced.
Her income is not known but she works as a security officer. My partners income is £33997 pa before tax.
Hope to hear from you soon
Susana Almeida
Expert:  Clare replied 2 years ago.
Hi
How long has he been in the army and how far have the divorce proceedings reached?
Clare
Customer: replied 2 years ago.
He's been in the army for 14 years.
The absolute decree for the divorce was received last January
Susana
Expert:  Clare replied 2 years ago.
Hi
What makes his ex think that he has to remain on the mortgage.
Clare
Customer: replied 2 years ago.
Hi
According her words for her convenience has she can't get a mortgage just on her name and if he doesn't agree with that she says that she will request half if his wage during a year and will make sure he ends up with nothing. Apparently this was advised to her by her solicitor
Susana
Expert:  Clare replied 2 years ago.
Hi
I can say with some certainty that this is not what she has been told.
Just to check - how old is his ex?
How was the deposit of the property funded
Clare
Customer: replied 2 years ago.
Hi
That's what she told my partner over the phone 2 days ago.
She is 49.
It was initially an endowment policy Changed to capital repayment, used the money from the previous endowment
The deposit was paid via credit card half each
Susana
Expert:  Clare replied 2 years ago.
Hi
In fact your partner is in a much stronger position that he thinks.
Since there are no children involved he will not have to stay on the mortgage with his ex once the financial agreement has been made.
If she cannot raise money to buy out his share then he will be able to force the sale.
She does have a claim to half of half of his pension (the half that accumulated whilst they were together) - that can either be by way of extra house capital (say a 60/40 split in her favour) or as a pension a sharing order.
It is highly unlikely that he will have to,pay any spouse maintenance.
He should offer to discuss a settlement using family mediation ( www.familymediationhelpline.co.uk) but he should make it clear that if no sensible agreement is reached he will apply to the court within the divorce proceedings for the financial issues to be dealt with and the house to be sold
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
I forgot to mention that my partner bought a car in 2011 for £10000 that was sold and the money was used as part exchange to the one is got now. and my confusion relating to the amount of years that they were together as mentioned before was 12 years instead of 7 years.
Just to confirm did you wrote that she is entitled to a quarter of his pension as you put half of the half, just wondering if that was a typo.
Susana
Expert:  Clare replied 2 years ago.
Hi
The car means that a 60/40 split of the equity is more likely - and the fact that they were together for longer means that she is entitled to half of 6/7 thsof his pension - so 3/7ths making maybe a 65/35 or even 70/30 split in her favour possible
Clare
Customer: replied 2 years ago.
Hi
So just to make sure I understood, she will not be entitled to £25 K as she mentioned?
Susana
Expert:  Clare replied 2 years ago.
Hi
The capital assets are £30,000 at most (including the current value of the car)
If she gives up any further claims on your ex altogether then an 80/30 split is not entirely unlikely - but neither is it certain and frankly 70/30 would be more realistic giving her £21,000
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
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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