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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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divorce on adultry against my husband how much will this cost

Customer Question

divorce on adultry against my husband how much will this cost me im 68 on pension credit ,my husband inherited ahalf share of his mum house shared between him and his sister he has put me in his to recieve a share of his estate on his death am i entitled to claim of his half of the estate if we divorce
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 long have you lived together, and who owns the matrimonial home?
Will your husband admit the adultery?
Clare
Customer: replied 1 year ago.

we have been married 36 years in september,joint names on rented property.yes

Expert:  Clare replied 1 year ago.
Hi
How much is the Inheritance worth and what other assets are there?
What income does he have?
Clare
Customer: replied 1 year ago.

the house was valued at 1/2 million both he and his sister have equal shares if they both agree to sell or one should pass away , that is all he has , he became unemployed in january

Expert:  Clare replied 1 year ago.
Hi
Who lives there at the moment?
Clare
Customer: replied 1 year ago.

my husband sister,the deeds of the house is in both names,arrangements were she lives there and in 6years time when he retires they will sell the house and share the profits of the house between the two of them

Expert:  Clare replied 1 year ago.
Hi
Is there any reason why it cannot be sold now?
Clare
Customer: replied 1 year ago.

just an agreement they made that she can live there rent free as long as she wants . if he needs to take a loan ect out on the house they have to both agree vice versa,but at this moment in time they dont want to sell the house

Expert:  Clare replied 1 year ago.
Hi
When did he inherit the property - and did you not both wish to purchase a property at that time?
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 1 year ago.

we could not afford to buy,he inherited the property in sept2014 not sure how much a 1 bed property in the area costs to buy

Expert:  Clare replied 1 year ago.
Hi Sheila -
Can you have a look online for property prices please
Clare
Customer: replied 1 year ago.

hi clare thankyou for your time, my son has spoken to his solicitor and i am not entitled to make a claim on his inheritance,as it states 2 executers will pay the funeral costs any outstanding debt,20.000 each to his two nieces,whatever is left will be shared between the5 children myself. so there is no point me going down that road. once again thankyou for all your help.

Expert:  Clare replied 1 year ago.
Hi
I am sorry - that is not necessarily correct at all, you certainly do have a claim on his interest in the property
I do still need to know how much a one bedroom property in the same general area costs to buy
Clare
Customer: replied 1 year ago.

i bedroom flats/houses in the region three hundred thousand

Expert:  Clare replied 1 year ago.
Hi
Does your ex agree to a divorce?
Clare
Customer: replied 1 year ago.

yes

Expert:  Clare replied 1 year ago.
Hi
Before you start ask him to confirm in writing that he will agree to a divorce based on Adultery
Once you have that in writing you can issue a divorce petition on that ground
Once the Petition has been issued then you can start to deal with the financial issues.
Since the only asset is his share of the property then you are entitled to a share of it.
Not half of his share - but a lump sum possibly in region of 10% to 30% of his share
This can only be the roughest of guides
Please ask if you need further details
Clare

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