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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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Hi I have only been married for 10 years, a couple of months

Customer Question

Hi I have only been married for 10 years, a couple of months after we married we left with my husbands job to work abroad, I gave up work and a family home, although this home was rented.
We have a home in uk worth £340K with a very low interest rate mortgage on it of £110K (lived there 2 years before married) my husband put the deposit up for this house and I paid some bills.
It was confirmed last night he is cheating, our marriage has been a troubled one, with drinking and women, i need to leave and go back to UK what rights do I have regarding pension (he collects from employer now) and home ?
Also because he is paying for women and drinks heavy I am worried he will 'lose' any money we do have saved which he says is approx £28 K ... I am not sure about this because I know he has been spending... Thank you carol
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.
Is the property held in joint names?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi, the UK property is in joint names and has been since moved in 12 years ago ... We live in a company house abroad, I don't have any personnel asserts ... My husband has a fully paid up company pension... We have in both our names a savings account with approx £20K
Customer: replied 2 years ago.
I have replied, can you let me no if you have not received, thanks, ***** *****
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
I am sorry I am still a little unclear - is the pension in payment?
What income does he actually have?
Clare
Customer: replied 2 years ago.
Hi ... Sorry yes the pension is in payment (although he still works for same company) pension approx 30k per (has shared with first wife) annual income at the moment 70k he us 61 so could finish work next year or 3/4 years time, thank you, carol
Expert:  Clare replied 2 years ago.
Hi
How much will you need to purchase a one bedroom property in the area where your family/friends are?
Clare
Customer: replied 2 years ago.
Hi one bed property approx £150k/£170k I would think ...carol
Expert:  Clare replied 2 years ago.
HI
Have you looked at any shared purchase schemes?
Clare
Customer: replied 2 years ago.
No I haven't looked but I could I guess they would be I guess half the price £70k -£90k, regards carol
Expert:  Clare replied 2 years ago.
Hi
A ten year relationship does give you a clear financial claim on the property and on that part of his pension that has not been assigned to his wife.
Since you brought no capital to the marriage a 50/50 share of the equity is not guaranteed, however if you are willing to give up your claim on his pension and for ongoing spouse maintenance it is not impossible that you could receive £150,000 to allow you to rehouse yourself
This can only be the roughest of guides - but your housing needs will be one of the principal issues
Please ask if you need further details
Clare

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