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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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My wife and I separated 9 years ago but we have not divorced.The

Resolved Question:

My wife and I separated 9 years ago but we have not divorced.The marital home I still live in wheras she lives in rented accomodation.Our 3 children are grown ups and have fled the nest.The marital home is in joint names as was the morgage which has since been fully paid up.We were together for 27 years and have now been married for 36 years.As an aside we have an amicable relationship. We as far as I am aware neither in a relationship. She stated at the start of the split that she did not want a divorce(neither did I) and I could continue to live in what was the marital home for as long as I wanted. I have no intention to sell the house.My question is if she should change her mind and request a divorce what are the financial implications for me and is there anything I can currently do to protect my interests now.I live in England.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
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 do you each have?
What income do you each have?
Clare
Customer: replied 2 years ago.

Hi

Thanks. The house is worth approx £240K.

I am retired and on a company pension and about to draw my state pension.I have no other income.My wife is unemployed and living on housing benefit.She has no other assets.I have a small amount of savings.

Expert:  Clare replied 2 years ago.
Hi
How much does a one bedroom property in the same general area cost to buy?
How much is your company pension worth?
Clare
Customer: replied 2 years ago.

Hi

my company pension is about 12K per year.One bedroom property about

135K. My house is a 4 bed.

may I have an answer to my question now?

Expert:  Clare replied 2 years ago.
Hi
Whether or not your wife issues a Divorce Petition she is entitled to apply to the court for an Order that the house be sold whenever she wishes.
This can be done using property law - or she can issue a divorce petition and ask for the house and the pension to be dealt with within the financial side of the divorce proceedings.
She is entitled to 50% of the equity in the property - plus a Pension sharing order equivalent to half of the pension that accrued whilst you are married.
There is no action you can take now that will change this,
I hope that this is of assistance - please ask if you need further details
Clare
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