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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husbands affairs are dealt with by a deputy. We had a joint

Customer Question

My husband's affairs are dealt with by a deputy. We had a joint bank account and she removed everything except his state pension and pays me an allowance to live on. I assumed it was left for my use. Did she make a mistake (unlikely) or was there a legal reason for leaving it? What is the status of his state pension? She took his private one. Am I entitled to use it?
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.
Who is the deputy and why did she remove funds from the account?
Clare
Customer: replied 3 years ago.

She was appointed by the COP and she removed all my husband's income except his state pension into a 'deputy account' administered by herself. That's normal practice. She said she would remove my husband's name but that didn't happen. I want to know if his state pension is also mine as a matrimonial asset. Now that attention has been drawn to it they want to know what it is. They have access to the statements which clearly references DWP ZS****** SP I find it hard to believe a partner in a law firm could make such a mistake and for it to persist for months!! I need to know if she left it there for me or not.

She's not a person I care to approach myself.

Expert:  Clare replied 3 years ago.
Hi
Who owns the property that you live in?
What income do you have?
Clare
Customer: replied 3 years ago.

We both own it. The deputy allows me £700pm.

I just want to know the status of his state pension whether it is for both of us. I think it is matrimonial property so long as we're married. So, can the deputy take it away?

Expert:  Clare replied 3 years ago.
Hi
Do you receive any pension in your own right?
Clare
Customer: replied 3 years ago.

A small one £281.12..Don't bother contacting me again. You obviously don't have an answer.

Expert:  Clare replied 3 years ago.
Hi
I am sorry - but to give a meaningful answer I have to have all the information
It is clear that the pension that is being paid in is the State pension for a married couple and on that basis the Deputy cannot remove your access to these monies
This is not because it is matrimonial property - it is because you are receiving a joint state pension
Please ask if you need further details
Clare