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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I left my husband after he threatened me with a large axe handle.

Resolved Question:

I left my husband after he threatened me with a large axe handle. The police were called and he was taken in to custody. He had been very abusive during the whole of our marriage. I have filled in papers for a divorce on unreasonable behaviour and am about to post them to Southampton, South West Regional Divorce Team. My son in law has been given Power of Attorney for my husband as he is now under psychiatric care in a nursing home although I haven't been told where. I am joint holder of a park home and initially my son in law said that it would have to be sold. However when I said that I would have to be involved in the sale he replied that his dad may go back to live there with a full time carer. I have found out that this is not the case. My problem is should I post the papers to Southampton giving my son in law's address as my husband's? I would be grateful if you could help. Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How long have you lived together , how much is the Park Home worth and what other assets are there?
Customer: replied 1 year ago.
We have been together 17 years and married for 15 years.
The Park Home is worth approximately £130.000.
I believe my husband has some Gilts but not sure of the value.
We each have isas and I have already got mine with me.
Apart from a car there is not much else.
Customer: replied 1 year ago.
I am having trouble contacting you by email. I cannot afford to pay for a phone call too!
Customer: replied 1 year ago.
I am beginning to think this is a scam as you haven't replied!
Customer: replied 1 year ago.
When am I going to get an answer?
Expert:  Clare replied 1 year ago.
My apologies for the delay - inevitable the weekend brings other responsibilities.Do you not wish to remain in the park home yourself?
Customer: replied 1 year ago.
No I have moved away to live near to my family.
Expert:  Clare replied 1 year ago.
So you will be wishing to force the sale?
Customer: replied 1 year ago.
Yes and I want the divorce. I just really wanted to know if I should give my son in law's address as that of my husband as he has Power of Attorney?
Customer: replied 1 year ago.
Is it ethical for me to ask for a divorce and a financial settlement if my husband has dementia?
Customer: replied 1 year ago.
Are you still there?
Expert:  Clare replied 1 year ago.
OF COURSE it is ethical - please do not let anyone tell you it is notEven if he had not been abusive throughout the marriage you would not be at fault in seeking it - since he has been then all the more reason why you should seek peace nowThe issue of the address is a difficult one as you are meant to say where your ex is living - but of course you do not know.technically you should instruct an Enquiry agent to trace him - but in the circumstances that seems to be an unnecessary stepOn that basis you should give his address as being that of his son, and at the same time write to his son say that you have given his address as you assumed he did not wish to trace his father, but that if he rejects the petition on the basis that the address is incorrect then you will have no choice but to trace and serve your husband.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
I guess this is a scam! Getting really worried now!
Expert:  Clare replied 1 year ago.
I am sorry - I am not a gifted typist and accordingly it takes time to formulate and check a response
Customer: replied 1 year ago.
Thankyou Clare that has been very helpful. Sorry that I was impatient!
Expert:  Clare replied 1 year ago.
No problem at all - sorry there were delays
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