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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33505
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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What does respective inheritence act claims being dismissed

Customer Question

What does respective inheritence act claims being dismissed and dismissal of any pensions mean. Also can a respondent sell the marital home without the consent of the petitioner if the petitioners name is ***** ***** deeds of the property. If they put the property up for sale can the petitioner put a time limit on this in favour of a payout instead.
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thanks for your question. Are you in England or Wales?

Expert:  Clare replied 4 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

The clauses relating to dismissal of Inheritance Act claims and Pension claims in any Order means that neither party can make a future claim against the Estate of the Other (after death) or against the pensions.

The Respondent cannot see the property without the consent of the Petitioner UNLESS there is a Court Order which states that the property is sold.

As to time limits again this depends on whether or not there is already a court Order.

These are the general points - if there is a specific order you need to have clarified then please tell me what you need to know and I will be happy to help

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33505
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi Clare
There is no court order. This was in a letter from my husbands solicitor. If I agree to the sale would I need a seperation of tenancy agreement. Can I ask for a payout instead. My husband lives in the property.
Expert:  Clare replied 4 months ago.

How much is the house worth and how much is outstanding on the mortgage?

What other asses and debts are there and what income do you each have?

How long have you lived together and what income do you each have

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