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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33282
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HiMy husband and I have been separated for around 10 years.

Customer Question

Hi
My husband and I have been separated for around 10 years. He has been paying maintainence for the children who are now grown up and he has now stopped paying me. He is just about to retire with a large lump sum and pension whereas I have no pension as I looked after the children. I am now self employed and earn a small income which is variable due to the nature of the work. He has agreed to sign over the house to me now so it will be fully in my name and I wondered if I would be entitled to any of his pension or if this is a reasonable settlement? I live with a partner but our finances are separate.
Look forward to hearing from you.
Michelle
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola

Can you let me know how long this might take to get an answer please?

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I'm afraid JustAnswer cannot guarantee a time, however most questions are answered in a timely manner. I'm honestly very hopeful that we have someone who can answer your question.
Thank you for your patience,
Nicola
Expert:  Clare replied 2 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 is the house worth and much is outstanding on the mortgage?
How much is the pension worth?
Clare
Customer: replied 2 years ago.

Hi Clare

There is no outstanding mortgage on the house and it is worth around £200,000 I believe in the current market. I'm not sure how much the pension is worth but my husband has been the manager of a well known bank for many years. He has told me that he will receive a lump sum and a pension of around £24,000 per year but I don't know what the lump sum is although I do know that he was due to retire in March 2015 and has been made redundant 6 months early with an extra lump sum payout of £80,000.

Look forward to hearing from you.

Michelle

Expert:  Clare replied 2 years ago.
Hi
What property does your husband live in - and what other assets and debts are there?
Clare
Customer: replied 2 years ago.

Hi Clare

My husband lives in a semi-detached house worth about £130,000 and he will be paying off his mortgage with his lump sum. There are no other debts or assets as we have been separated for so long.

Michelle

Expert:  Clare replied 2 years ago.
Hi
Are there any other assets held by either of you?
Clare
Customer: replied 2 years ago.

Hi Clare

We each have a car, there are no other properties and I don't know of any shares or other investments my husband might have.

Michelle

Expert:  Clare replied 2 years ago.
Hi
How long were you actually living together in total?
How long have you lived with your new partner?
Clare
Customer: replied 2 years ago.

We lived together for around 14 years and I have been living with my new partner for around 10 years

Expert:  Clare replied 2 years ago.
Hi
How long was he paying into the pension in total?
Clare
Customer: replied 2 years ago.

From when he starting working there at the age of 18 and he is 60 next year.

Expert:  Clare replied 2 years ago.
Hi
Technically you do have a claim on your husbands pension equivalent to half of 33% of the pension to cover the years you were together.
However by offering you the house he is giving you just over 60% of the equity, you have lived apart for more than 10 years and you are currently living with a new partner.
This being the case you may feel that this is a reasonable deal
However it could be sensible to actually negotiate an agreement using Family Mediation
www.familymediationhelpline.co.uk
so that you can be sure that there has been full financial disclosure
I hope that this is of assistance - please ask if you need further details
Clare

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