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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am 76 years old. I paid house I live in. I have paid all

Resolved Question:

I am 76 years old. I paid for the house I live in. I have paid all utilities - all bills EVERYTHING since marriage 14 years ago. My husband has paid for nothing. I have savings. Everything is in my name. My husband lives in a rented flat now. All he has in his name are debts. I have a Will and left all to my children. If I die first can my husband claim anything? If he dies first, am I liable for his debts?
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you actually lived together and what income do you each have?

Customer: replied 8 months ago.
I have a state pension of £413 pcm...an attendance allowance of £220pcm (I am disabled after a stroke) and pension credits of £390pcm. My husband has a state pension and pension credits. I do not know the amounts.
Lived together 14 years but now separated....not legally.
Customer: replied 8 months ago.
I wish to sell my house and purchase warden controlled property. My husband says ' if I sell he will claim half the money from the house. Therefore I will not be able to move as I need the proceeds from this house to purchase another.
Expert:  Clare replied 8 months ago.

How much is the house worth and how much will you need to purchase another property?

What other assets are there?

Customer: replied 8 months ago.
About£160,000. It will take about the same amount +.
I pressed 'send' before I judged the rating 5***** so far. I was so unsure about the site.
Expert:  Clare replied 8 months ago.

Please do not worry - no need to press the rating until we are all sorted!

Where is your ex living at the moment?

Customer: replied 8 months ago.
He has a small flat in the town but still spends time in and out of my house. It is convenient for him. He follows his hobby in the shed...can attend village cricket etc. etc. he has the best of both worlds. I did ask 'am I responsible for his debts if he pre-deceases me'. Perhaps I am asking too many questions at once. There are other issues Clare but I will leave them for now (mental bullying etc)
Expert:  Clare replied 8 months ago.

Is the flat rented?

Do not worry we will get to everything I promise

Customer: replied 8 months ago.
Clare...The flat is rented.
Just had an email from Just Answer telling me they are so sorry they could not find a solicitor to answer my question.
Confused............
Expert:  Clare replied 8 months ago.

The ways of the website itself are a mystery to me - so simply ignore it!

What did your husband spend his money on over the years?

Customer: replied 8 months ago.
Himself - his hobbies - petrol for the car which I purchased (we were ten years in Bulgaria, where I had my surgery and stroke)
He did pay for minor things on occasions. Since coming back to UK, he has, for about the last six months paid for his own groceries- most petrol-the present car £700 (in stages, from his son). - his telephone - his utilities which are nominal because he is hardly ever there -I pay for car repairs etc. as he takes me shopping etc. I feel as if I am losing sight of my initial question. He spends quite a lot following his hobby of clay pigeon shooting. 2/3 times weekly.
It is beginning to sound petty but it isn't. What brought all this to a head was my husband telling my son that he would take his half of everything if we parted, that he knew he was entitled to. I am being held to ransom. On official paperwork (pensions etc) he ticks the 'separated/single' boxes and claims his home is different to mine and that he stays with me as 'my carer'. There are good things that he does do for me. I just want to know what he can and can not take from me, and my children if I pre-decease him.
Wow! that took some doing. Chow! for now.............
Expert:  Clare replied 8 months ago.

A 14 year relationship entitled him to a share of the assets - but not for a 50% share.

Given the current situation there is a good chance that the court would allow you to sell the property and move to a Warden Controlled Property BUT when that property is eventually sold your ex would be entitled to a share of the equity then.

Accordingly when you die I am afraid that he will have a claim on your estate - but you are NOT liable for his debts if he dies first.

I hope that this is of assistance - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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