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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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Im in the middle of a separation with my husband and we own

Resolved Question:

Im in the middle of a separation with my husband and we own a house. He has a pension and also before we got together i sold my home from a previous marriage and the funds form that I put into our first home together my husband now didnt have any funds to put in at the time. am i entitled to claim any of the funds i put in at the begining and also his pension. as I stayed at home looking after our children and worked part time with no pension myself thank you
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

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

How long have you lived together

How much is the pension worth?

Customer: replied 11 months ago.
we have sold the house for 265,000 with a 16,500 mortgage we have lived together since 1993 and been married since 1996 I,m not sure how much the pension is I do have a statement which says
standard benefits is annual pension £2,371.10 or reduced annual pension £1,524.23 with a lump sum of £10161.84 as of 31/03/16 it also says
your final salary pensionable pay £18,734
your care pensionable pay main section £20,053.17
life time allowance valued at 31.03.2016 is £47,422
Customer: replied 11 months ago.
I have added the copy of the pension statement please let me know if its not clear thank you
Expert:  Clare replied 11 months ago.

What income do you each have?

Customer: replied 11 months ago.
im on £10,800 and my husband is on £17,000 but has just been promoted so he is going up 2 bands so im not sure but about 20k
Customer: replied 11 months ago.
Hi Clare did you get my last answer regarding income?
Expert:  Clare replied 11 months ago.

My apologies I have had connection problems

How old are the children and how much will a cheaper three bedroom property in the same school area cost to buy?

Customer: replied 11 months ago.
They are 19 and 22 the 22 year old is at uni but leaving at home
Expert:  Clare replied 11 months ago.

In that case how much would a two bedroom property cost to buy?

Customer: replied 11 months ago.
Sorry it should say living at home I would need a 3 bedroom as
I have a son and Daughter my 22 daughter is living with me as well as my son 19 yr old son a 3 bedroom would cost £150,000
Expert:  Clare replied 11 months ago.

Sadly the Family Court will not take account of the children as they are over 18 - how much would a two bedroom property cost (I am sorry)

Customer: replied 11 months ago.
A 2 bedroom would be about £120,000 but I question was more about how stand and my rights with the monies I brought into the relationship and the pensions
Customer: replied 11 months ago.
There is also about 16k outstanding on loans and credit cards as well as the Morgage
Expert:  Clare replied 11 months ago.

I am afraid that the length of the relationship means that the fact that your brought capital to the marriage is unlikely to be relevant.

You can claim extra to reflect the fact that you compromised your career to care of the children and this coupled with you raising the extra capital could secure you a 60/40 split of the equity - which would also give you just about enough to buy the larger house.

You are also entitled to a Pension Sharing Order - with a 50/50 division being likely.

You could trade this for extra capital if you wish.

I hope that this is of assistance - please ask if you need further details

Customer: replied 11 months ago.
Thank you for your honest answers. So what is the likely hood of be getting a 60/40 split? How strong do you think my position is in the eyes of the law?
Expert:  Clare replied 11 months ago.

You have an excellent chance of the 60/40 split - more if you chose to give up on the pension claim

Customer: replied 11 months ago.
Could you also advise we have a couple of credit card debts of around £8,000 they are in my husbands name and I am an additional. Would we be jointly responsible and can my husband demand that they are paid off before the split of funds from the sell of the house ? Thank you in advance
Expert:  Clare replied 11 months ago.

They are certainly part of the matrimonial debt that will have to be taken into account when it comes to assessing the Equity

Clare and other Family Law Specialists are ready to help you