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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2722
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My sister comes from Port Talbot South Wales and has been

Resolved Question:

My sister comes from Port Talbot South Wales and has been Married for 40 Years, She left her Husband, he was going for Holiday with another women and she was paying all expenses first class twice a year for at least one month at a time.
She went to a Lawyer from Citizen Advice which told her that she had no claim to the Family Home Due to the Husband having the House in his name, they had a home in joint ownership when they first got Married and when his parents died they left him their Home they sold their House and moved into his ex parents home and used the money to fix it up but for at least 40 years he kept the House in his name and now she is told she has no rights to it ?.
Regards
Jeffrey Piper
on behalf of my Sister ***** *****
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
I also forgot to mention that he had a Will written up up by his Lawyer willing the House to his 3 children
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are they both?
-Do they have any children together, if so their ages and proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-What other assets and pensions do they both have (both sole and joint), together with values?
-What are their respective incomes?

Customer: replied 9 months ago.
1.They have been together for 40 years my Sister has just turned sixty on September 6th 2016, and her Husband is approximately 62.2.They have three Boys two boys in their 40 and one about 34 they have all left home and are now Married.3. Her Husband is living in the 4 bedroom Property.4 My Sister has moved into a 2 Bedroom Council Flat5. Income for my sister 75 pound a week before Tax6. Husband Income she does not know he is a Builder and he does not disclose what he earns to her.7. Value of the Property 80,000 pound, no Mortgage.8 Pensions ? don't know
Customer: replied 9 months ago.
Can you Answer me buy email, and will get my Sister to Talk to you if it all looks promising
Customer: replied 9 months ago.
Hi Harris
Will you be able to get back to me today, and also do you know of a good Family Law Solicitor / Lawyer In Swansea, Neath South Wales area for my Sister to contact.Regards
Jeffrey Piper
Expert:  Harris replied 9 months ago.

Thank you for confirming. Firstly, the information she has received from the CAB is incorrect. Arising out of the marriage she has matrimonial home rights in relation to the property which they used as the former matrimonial home so long as it was in his name. This right entitles her to occupy the property until divorce and she can register this right on the title of the property using Form HR1 with the land registry - once submitted and registered he will be notified of the registration.

Furthermore, arising out of the marriage she is entitled to claim financial relief, which can be in the form of many different orders, such as property adjustment orders, spousal maintenance and pension provision. Given the long marriage and two children she has good grounds to seek an equitable share of the assets.

They will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of their reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both their needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

In relation to local solicitors, I cannot make recommendations but she can search here for local solicitors: http://solicitors.lawsociety.org.uk/

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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