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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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i have been officially separated(but not divorced )from my

Customer Question

i have been officially separated(but not divorced )from my husband for 5 yrs and living separately. i own the marital home and have done so for years before i met my present husbnd not sure if that relevant but may be inheriting money from my mother..now dead.. and my father wants to know that this money and his money will go to me directly. my mother died a few weeks ago at age 93. my father is 88. he and i want to know how to safegaurd this money.neither of my parents wanted any of their money to go to my husband....and neither do i.

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
What assets do you each have and what financial arrangements have been agreed?
Clare
Customer: replied 1 year ago.

family home is only assett. bought by me in previous marriage 1977. agreement is when youngest child 18 we could sell house and divide profits. house value £325,000 mortgage £156,000.

to keep the children in their home i moved out. have paid mortgage,council tax,bills like water etc and all insurance. also£800 when 2 children. £600 when only my son.My son has now lived just with me for last 3 years. i continue to pay mortgage council tax and other bills.working is not one of my husband,s strong points.

summary; i have mortgage from which there will be some money if house sold.

i have about £75. in aviva shares.my husband has no assetts.

Customer: replied 1 year ago.

the only asset is the house£325000 with mortgage 156000. we have agreed to shareprofit if or when house is sold. no other money aprt from some debts.

Expert:  Clare replied 1 year ago.
Hi
How long have you lived together and how old are the children?
is the mortgage an interest only mortgage and how long has it been running?
How much might you inherit?
Clare
Customer: replied 1 year ago.

we lived together 19 years. children 25 21 and 15. mortgage was repayment until i had to support 2 households. has been interest only for last 4 years. i have had mortgage initially since 1985 when i bought out my previous husband. i am the only mortgage payer. the reason for not divorcing is to allow my husband a pension should i predecease him. he is 47 and i am 59.this may be a wrong decision but he is not good at working and hopeless with money. i don't want to give my daughters the responsibility of supporting him. may inherit about £200,000

actually owned house since 1981

lived with husband from 1988 until2009

married 2004

Expert:  Clare replied 1 year ago.
Hi
What income do you each have - and did you realise that you could share your pension with him by way of a Pension Sharing Order within divorce proceedings?
Clare
Customer: replied 1 year ago.

i have a pension of £48,000 a year.early retirement from nhs.

my husband has not worked for many years....he used to work as a teaching assistant. at present he is claiming sickness benefit for back problems.

Expert:  Clare replied 1 year ago.
Hi
Do you wish to stay married?
Clare
Customer: replied 1 year ago.

happy to be divorced. married still so can help my eldest daughter deal with her fathers problems mostly financial. she knows the situation but feels if we divorce she will end up being responsible for her father. have tried explaining. i have no reason to divorce if remaining married provides some security for her.

seeing it written down makes me look like an idiot.

since 2012 i have continued to pay mortgage council tax water rates insurance etc at marital home tho my son has been livimg with me.

my daughter has been paying £450 a month rent............to my hsband directly. he continues to collect child benefit and child tax credit. .......

Expert:  Clare replied 1 year ago.
Hi
I do not wish to be rude but it seems that your husband is financially acute.
Not only are you paying child maintenance you are also paying the bills - and really this must stop.
Your daughter will only be financially responsible for her father if she choses to be - no one can force her.
He will have sufficient funds to house himself and he has income form benefits - and from spouse maintenance if you divorce.
If you wish to be certain that your inheritance is safe then you need to end the marriage sooner rather than later and have a final financial order dealing with capital and maintenance.
Technically even if you are still married your inheritance is not likely to be at risk in the event of a divorce since you will have received it so long after separation and will have kept it entirely separate from the Matrimonial assets - but there is still a risk involved.
Please ask if you need further details
Clare

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