How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I separated from my husbund10 years ago and we have been to

Resolved Question:

I separated from my husbund10 years ago and we have been to mediation( he did not delare his lump sums and various investments and over exaggerated his outgoings) several times to reach an agreement on money. This has never been sorted and so for the last 9 years I have looked after,the house and 3 of our 4 children going through uni / back for holidays etc. I have replaced windows , the boiler, the bathrooms. I was made redundant 4 years ago and for a year had none other that £600 pension per month to maintain 5 bed house and feed various children. When I got myself together I invested my capital that was left in setting up a business which is now doing OK and now I do have a little more of an income.
I have now finally sold the family house ( we agreed it would go on the market in 2014 when all the children had completed uni- never envisaged looking after it on my own all that time) and we now need to split the proceeds . My husband has a large pension 1500 per month mine is £700. I have said that
I should have additional money for looking after the house ( specially as I hadn't an in come for some time) for the last 9 years
My feeding/clothing the kids
maintaining the house
improving the house
my share of his pension ( mine was small as I had a break from work to look after the kids)
He has stated that my future income is to be included in this and that I am entitled only to 55% of the house. He has claimed his pension for 8 years.
Am I entitled to part of his pension
should I have financial claims on maintaining the house alone when we both agreed to keep it but I was expecting financial support.
I do not want to 'take him for everything' all I want to do is ensure that I have my share and that I can survive. He did buy a house but sold it at profit and has moved in with his girlfriend.
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 have you improved the property?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 1 year ago.

New windows a nd doors. Bathrooms .new boiler. Power flush the central heating system. Decorated most of the house at least once. Numerous trees and hedges cut back. Put outside porch on back door. Put in additio al doorway from kitchen to study.Morgage paid off 9 years ago. Just agreed sale price of £337.500

thanks

Heidi

Expert:  Clare replied 1 year ago.
Hi
How much did you spend on the bathrooms and the additional doorway - and how much did you pay off the mortgage?
Clare
Customer: replied 1 year ago.

Mortgage was paid by him a year after we seperated

windows boiler 16 000

Bathrooms 9 000

Door way and porch 1000

The main question here is my entitlement to half his pension or rather 1/2 the total sum of our pensions or capital from the sale of the house as an alternative.

I am fairly confident I can fight for the capital outlay but what he

fighti ng the fact that he was running a small house didnt feed or cloth the kids and I ran a 5 bed house fed and clothed the kids and spent money keeping the house for the kids as we sgreed but had to bare the cost alone even when I wasnt working

second main point is am I entitled to halfthe total sum of both our pensions in the futue as my pension is half his because I was at home looking after the kids then worked part time evenings and nights

Expert:  Clare replied 1 year ago.
Hi
You are certainly entitled to a Pension Sharing Order to balance out the discrepancy in the pensions.
This is usually done using the "Cash Equivalent Transfer Values" of the pensions - although an Actuary's report is more detailed and accurate
I am afraid that the fact that he did not pay for the children does not impact on the capital settlement - neither does any routine upkeep of the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

That is helpful thank you. Can I just confirm that my current/future earning do they feature in the pension settlement?. I will be setting up another pension scheme but as I am 57 it wont amount to much. Thank you

Expert:  Clare replied 1 year ago.
Hi
You ability to build up a new pension is one of the issues considered in an Actuaries report - but given that it is very limited due to your age it will not be of any relevance in your case
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice