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Ask Clare Your Own Question
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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I was divorced 36 years ago at the ae of 29. We had two young

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I was divorced 36 years ago at the ae of 29. We had two young children. My husband wanted to stay in the matrimonial home but could not buy my share. I sold it to him for 1p with the agreement that at some stage in th future, when he remortgaged or sold the property, he would buy my share. I am still waiting. He remarried immediately and has two children from his second marriage. There is no acrimony within the extended family, however, he denies there was ever such a verbal agreement. We did not go through the courts for maintenance but agreed a sum he could afford at the time - 28 per month which was paid until the children went to University. He is now retired and has a full Civil Service Pension. I have bee told that I have an entitlement to this as, from the evidence it is quite clear I was naive and should have been from this action by the solicitor acting o my behalf at the time of the divorce. Under the relatively new Pension Legislation, is this a fact?
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
I am sorry, that was meant for another post.I will opt out for others.
Customer: replied 1 year ago.
Please respond to my first question
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:Please confirm if there are any court orders in place, if the property remains in joint names and if you have remarried?
Expert:  Clare replied 1 year ago.
HiThank you for your questionI note that you have already pointed out that the property is now in your ex's name and that there was no Court Order.I am afraid that at the time that you were divorced there was no provision for Pension Sharing Orders - and the legislation that brought it in is NOT retrospective and no Pension Sharing Order can now be made.At the time of your divorce the only way that you could have received a share of his pension was by way of receiving a larger share of the other assets.IF you have not remarried and there was no financial Order made at the time then you can still make a financial claim within the divorce proceedings - but you would still not be entitled to a Pension Sharing Order - although spouse maintenance is a possibility IF you are in financial difficulty nowPlease ask if you need further detailsClare
Customer: replied 1 year ago.
I remarried 4 year's later. I understand my ex-husband added his new wife immediately to the property deeds. She has also recently retired from the Civil Servant on full pension. There never have been any Court Orders
Expert:  Clare replied 1 year ago.
Then I am so very sorry but there is no claim that you can now make at all.If you have any evidence whatsoever of this agreement that he would pay you at a later date then you could potentially make a claim on the house - but as things stand that is a very unlikelypossibility
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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