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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi can my husband use my brain damaged sons money against me

Customer Question

Hi can my husband use my brain damaged sons money against me in a settlement fee, we have sold our house and he wants 75 per cent of the money because he says one day i will inherit my sons estate i want 50 50
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.
How much are the sale proceeds; how old are any children and where do you and your child(ren) live?
What income do you and your husband each have?
Clare
Customer: replied 3 years ago.

Hi my youngest child is thirteen, we live in my 26 year old sons house who as brain damage and is in a nursing home ,my husband lives in a house he as just purchased. he earns about 1,500.00 a month i have no job but i get 1,400.00 per month from my sons estate to pay for his clothing, toiletry,social needs, petrol for me to visit every day and some part towards the running cost of the house. We sold our own house as part of the divorce and agreed to split 50/50 but my husband now wants 75% because he says one day i will inherit my sons money. My son has severe Brain damage but apart from that he is strong and very healthy and will hopefully be here long after i am gone,I am over fifty years old, if my husband takes 75% my son and i will not be able to afford the up keep of this home and will need to move this will upset my son he already has OCD and doesn't deal with change well please help

Expert:  Clare replied 3 years ago.
Hi
How long have you lived in your son's property - and how much was the equity in the Former Matrimonial Home?
Clare
Customer: replied 3 years ago.

We have lived here for about seen years and we have £98,000 in equity

Expert:  Clare replied 3 years ago.
Hi
What happened to the Matrimonial home whilst you were living at your son's house?
Clare
Customer: replied 3 years ago.

We rented it out until we sold it to my sons estate

Expert:  Clare replied 3 years ago.
Hi
Thank you - that explains it!
There is no basis on which the court will award him 75% of the equity - the court will not take into account a possible future inheritance - and will prioritise the housing needs of your younger son.
Your proposal of a 50/50 split is a fair one and I suggest that you invite your ex to make an application to the court if he feels he can do better
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare i have one more question, i feel terrible asking this but my ex leaves me no choice , would it be possible for my ex to make a claim on my sons estate if my son passed away after the divorce is final.We have filled in the E forms but have not registered them at court and the money from the house sale is still in the solicitors


Thank you Sharon

Expert:  Clare replied 3 years ago.
Hi
No he cannot do so if there has been a final court order
Clare
Customer: replied 3 years ago.

Sorry i don't understand Clare a final court order for what? The divorce or the finances What if i don't go to court for finances, i already have the degree Nisi I'm just waiting for the absolute

Expert:  Clare replied 3 years ago.
Hi
If there is no final order regarding finances and your son dies and your ex then makes a claim against you the assets you inherit will form part of the assessment - but it is unlikely that you will have to share them with him
Clare
Customer: replied 3 years ago.

Thanks Clare I'm not worried about the money i just don't want him to profit from my son

Expert:  Clare replied 3 years ago.
Hi
I appreciate that - he will not do so
Clare