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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have separated from my wife of three years, lived with her

Resolved Question:

I have separated from my wife of three years, lived with her for 15. I have moved out and not asked her to pay me out, or move until her circumstances change i.e. death of a parent. Subsequently, she has asked me to sign the house over to her and when we do get divorced, says she will not ask for half of my pension. Firstly, if i sign over the house prior to a divorce, am I relinquishing any entitlement to value in it? Secondly, if she has a claim on my pension, can I have a counter claim on hers, as she has remained in full time employment since school?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
how much are your pensions worth and what other assets are there
Clare
Customer: replied 3 years ago.


Hi Clare


 


No children involved.


 


House is worth c £190 000, with £95 000 outstanding on mortgage.


 


Not sure of pension value - mine is civil service pension based on £35k salary, hers is private industry based on £24k salary, if that helps?


 


Richard

Customer: replied 3 years ago.

Ps no other tangible assets involved

Expert:  Clare replied 3 years ago.
Hi
have you both applied to your pension providers for the Cash Equivalent Transfer Value of your pension?
Clare
Customer: replied 3 years ago.

No .... I haven't, would not know about her.


 

Expert:  Clare replied 3 years ago.
Hi
Has she said why she wishes you to transfer the property now?
Clare
Customer: replied 3 years ago.

No . . Other than she was trying to sort out her own finances . . I received an email from her that said , you will be hearing from Enact solicitors shortly who are dealing with my remortgage .they will need you to sign the deeds over to me . . . That is all that has been saidsaid

Expert:  Clare replied 3 years ago.
Hi
Has she offered you a financial settlement?
Clare
Customer: replied 3 years ago.

Hi


 


No settlement was ever decided. When I left, which was October 4th 2013, the equity in the house was discussed, and she said that she could not afford to pay me now and I said that I did not want her to have to sell to pay me out. She thanked me for that. Then about two weeks ago, received the request from Encore solicitors to sign the transfer document. She expected me to sign, but if I sign now, when the divorce proceedings start, I have no vested interest in the house?


 


Richard

Expert:  Clare replied 3 years ago.
Hi
Do you have any great need to be released from the mortgage at this point?
Clare
Customer: replied 3 years ago.


No I don't. I just think she wanted me off so that she could remortgage the house for a better deal without my name attached to it.


 


Richard

Expert:  Clare replied 3 years ago.
Hi
If you do not need to have your name removed from the mortgage then there is no reason to agree to it unless she is also raising sufficient funds to pay you your share
Whilst signing it over now will not mean that you cannot make a claim against the property within the divorce proceedings it will not be as straightforward as it will be whilst the property remains in joint names.
In order to assess what the settlement should be you will both need to get the CET values of your pensions so that you can work out how they are balanced against each other and whether or not she does need an extra share of the equity in the property
I hope that this is of assistance - please ask if you need further details
Clare
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