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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 868
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am 65 and retired in July this year. My wife has decided

Resolved Question:

Hello
I am 65 and retired in July this year. My wife has decided she would like a divorce and wants me to sell my home.
The house is in joint names although I paid the mortgage and all the other household expenses as my wife has never worked.
She wants £30000 as a settlement which I do not have.
She has family she can go and live with whereas I do not.
Is it possible to just leave her the house after I am dead.
I do not want to lose my home.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a solicitor and I will assist you.
If your wife wants to get divorced then she might also choose to make a claim in respect of the matrimonial finances. You could try and argue that you remain in the matrimonial home until your death but she might not agree and she might ask the court for an order for sale. Although courts can postpone the sale of a matrimonial property until an 'event' has occurred - Unfortunately as it is often the case that the main asset is the equity in the matrimonial home then courts will often consider that both parties need to downsize and the equity be realised.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement. Everything would be considered.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. The length of the marriage will also be a factor.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first. The current court fee for this is £255.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi in divorce proceedings before a court can make an order or approve a consent order.
You should also consider making a will.
Kind Regards
Caroline
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