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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We are getting divorced. I am disabled with an extreme work-limiting

Resolved Question:

We are getting divorced. I am disabled with an extreme work-limiting condition. The proceeds of the divorce will not be sufficient for me to be able to purchase a house or flat even though we live in south Wales. Someone has suggested that I should put my share into a trust as this would help me to find somewhere to live. I have no idea if this is true or whether there would be advantages for me. Can you help?
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 are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What income do they each have?
Clare
Customer: replied 1 year ago.
Been married 25 years. 2 children aged 19 and 22. House worth £180k. No mortgage. My income only ESA at lowest rate. He £40k
Expert:  Clare replied 1 year ago.
How much will a suitable property in the same general area cost to buy?
Customer: replied 1 year ago.
Probably in order of £150k
Expert:  Clare replied 1 year ago.
How old are you both and what pension provision does your ex have?
Customer: replied 1 year ago.
I am 49. He is 53. Pension not yet disclosed
Expert:  Clare replied 1 year ago.
But does he have a private pension?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
If you had enough for a property could you manage without spouse maintenance
Customer: replied 1 year ago.
I am investigating shared equity with local housing association. Maintenance likely to be low. Will need some income but don't know from where unless from investment of divorce proceeds which would reduce available cash for house.
Customer: replied 1 year ago.
It would be difficult. I have no personal savings
Expert:  Clare replied 1 year ago.
In fact there is a chance that you will receive the £150K that you need to rehouse yourself - but only if you give up your claim on his pension and spouse maintenance.You will need to apply for PIP as well as ESA.There is no Trust provision which will help I am afraidPlease ask if you need further details
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