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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need some advice. I've been separated from my husband for

Resolved Question:

Hello I need some advice. I've been separated from my husband for 2.5 years. He is an alcoholic. When he walked out with another women who was also an alcoholic he left me to deal with all the finances and selling the house to get rid of the debt. We agreed I would live in the new house which is in both our names and I would pay the mortgage. We are still married and have been for 34 years. I have no private pension and I am 64 years of age. I have recently fractured my spine but I'm not praralysed and on the mend but but still have a way to go. My husband agreed to give me half do his medical insurance as he has liver disease and has been on long term sick leave he is paid 2/3rd of his salary.
A couple of weeks ago he changed his wages to go into his account and not the joint account. And I have just found out he has been to a solicitor. He constantly rings me since his girlfriend died of alcohol liver failure. His brain has been affected by the liver failure and he is now acting aggressively. I really need some advice as to what to do for the best. I don't think he has very long to live. He has just come out of hospital because of fluid on the legs and is extremely yellow. He has had masses of tests but he hasn't to,d me what the prognosis is. His sister is telling him what to do. Many thanks Linda
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 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 much is the house worth and how much is outstanding on the mortgage?

Customer: replied 11 months ago.
A rough estimate £350,000/360,000. Mortgage is about 75,000 there is an endowment worth about 28,000. He has a final salary pension worth about 1 and half million and another pension worth about £70000 which his company is still paying into. I pay the endowment policy payments.
Customer: replied 11 months ago.
Also he has never lived in the house.
Expert:  Clare replied 11 months ago.

What actual income do you each have?

Customer: replied 11 months ago.
We each have 1300 each. A month. I have my state pension as well. Unfortunately I can't afford another £44 pounds to talk.
Customer: replied 11 months ago.
I have been working part time but since my accident I have been off work for 6 weeks and on statutory pay. Im not sure now I will be able to continue working. I have been told it could be 9 months to a year before I am back to normal. I kept up the payments on the endowment and life insurance. Ive had skin cancer since it all happened and my children although older have had to have counselling. My youngest daughter still realises on me emotionally and my son has a social phobic disorder. I know this is irrelevant but I just wanted to let you how badly this has affected me and our children. I am fearful I am going to be left living an impoverished life and my youngest daughter is terrified she still won't have a family home to come too. They live in London and come down often to stay with me.
Expert:  Clare replied 11 months ago.

How much is the Endowment worth (and do please just ignore the site popups they are very annoying)

Customer: replied 11 months ago.
163;28,000
Expert:  Clare replied 11 months ago.

Can you manage without the money he was giving you?

Customer: replied 11 months ago.
No I only get my state pension which doesn't even cover the mortgage. Also he is 7 years younger than me.
Expert:  Clare replied 11 months ago.

Are you willing to consider a divorce?

Customer: replied 11 months ago.
No just a legal separation with separate finance.
Expert:  Clare replied 11 months ago.

Even if that does not get you the financial settlement that you need?

Customer: replied 11 months ago.
Do I have to divorce to get a full settlement? We agreed the arrangement 2 and a half years ago that he would give me half his salary. We also agreed that he would take the lump sum from the two pensions so he could buy a place if he wanted to. We would then share his annual pension when he retired. This was all done so 2 of our children had somewhere to live as our daughter was at university and our son has social phobic disorder and is unable to maintain a job. It was also to protect their inheritance because their father was still and is still drinking. Due to his liver failure his brain has been affected and his sister has told him to do this. He rings me constantly and doesn't remember what he's said from one day to the next. This is the reason I am looking for legal advise because he is unstable. I am in an extremely vulnerable position at the moment. I rely on his maintenance to pay the mortgage and keep the insurances going that are in both our names.
Expert:  Clare replied 11 months ago.

Was the agreement made in writing in the form of a Separation Agreement?

If not then the only realistic way of achieving a settlement which includes you keeping the house AND receiving spouse maintenance is within the financial side of Divorce proceedings.

In the long term the length of your marriage is such that you are entitled to half of all the assets (if not more) - including his pension and Spouse maintenance whilst he is still receib=ng wages - so there is little doubt that you will be safe in the longer term - it is the short term which is a problem.

One possibility could be cashing in the Endowment to give you sufficient to keep the mortgage payments up until his alcohol addiction to take its final toll.

Please ask if you need further details

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