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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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When I divorced my ex offered me five thousand pounds as that

Customer Question

When I divorced my ex offered me five thousand pounds as that is what he could afford at the time, now he has died can I claim anything from the house that I bought through out our 25 years of marrigae. I did work through out our mariage. I would like some books that I bought him and pictures. It is meme merits of our marriage. Also can I claim from his navy pension?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please can I ask for further information:
- when you divorced no financial settlement was reached and no order in relation to the finances was ever made?
- was your house in joint names? If so were you joint tenants or tenants in common?
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.

The house was in joint n

Names, and no financial settlement was made. When my ex was really ill I went down to help daughter and all she went on about was i need the will nearly every day. Which I thought was callus and ruthless knowing her dad was going to die. Plus she lied to me all the time, and my ex said to me I don't trust her. I asked for bank statements as I could not find any at all since Dec and now for this year. But they were never brought forward to me at all. Do I have the right to ask the bank and ask for them?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If you are joint tenants on the property and this has not been severed (by your ex husband serving notice on you of sever his joint tenancy) then the right of survivourship applies and the whole property passes to you.
If you are tenants in common on the property then you have a ring fenced share of the property which is still yours.
It is therefore really important that you check how the property is held. You can check on the land registry for a few pounds
https://www.gov.uk/search-property-information-land-registry
It is important to ask to see a copy of your husbands will. If this was changed so that your daughter inherits your husbands property and you were tenants in common or had previously been joint tenants but your ex had severed the joint tenancy then his share will pass to your daughter.
If this applies - then you could apply to the court for an order for sale if you want to realise your interest.
If the items that you gave your husband were gifts then they would pass to your daughter. You could ask for items and explain that they had sentimental value and hopefully these will be given to you but the estate is not obliged too.
As you were divorced - then you would not be treated to your ex's spouse and therefore not be entitled to any death in service benefit under his pension. Your other claims would also end.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Sorry missed the bit in your further message - if you are not an executor then you wouldn't be able to ask for his bank statements
Kind Regards
Expert:  ukfamilysolicitor replied 1 year ago.
Sorry one more point for you
I misread your question and thought that you had been divorced for 5 years although I note now that you did not state a time
If you were divorced within the last year then you could make a claim under Section 14 of the Inheritance Act 1975 you could make a claim against your husbands estate that he did not make reasonable financial provision for you. The is a strict 1 year time limit for these claims following decree absolute. If this applies to you then you should act quickly.
Kindest regards
Caroline

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