How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

I am separated from my wife but we are currently still

Customer Question

Hi, i am separated from my wife but we are currently still living in the same house. The house is a local authority / council house, single tenancy in my name only. I am currently in the process of exercising my right to buy, again the house will be solely in my name with a mortgage in my name only. My question is while we are still legally married is my wife entitled to anything from the impending purchase, baring in mind that we are currently separated but cohabitating. The intention will be that once the house is purchased i will be moving to another property and she will continue to live in the property but as my tenant.
Submitted: 4 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long have you been married?

- do you have children?

- are you getting a discount on the purchase?

- what are the other matrimonial assets including pensions?

- is divorce contemplated?

kind regards

Caroline

Customer: replied 4 months ago.
Hi,Married for 12 years.
No children.
I will receive the full allowed discount (~£72k) due to my length of tenancy, my wife has never been on my tenancy, she came to live with me when we met.
I have a company pension thru my current employer.
Divorce will be the outcome, there are no 3rd partie involved just complete breakdown of the marriage.Darren
Expert:  ukfamilysolicitor replied 4 months ago.

Hello Darren

Thank you for your response.

You have to be aware that your wife can make a claim in respect of the matrimonial finances on divorce and with such a long marriage she is going to be looking at an equal share of all assets as a starting point. It doesnt matter that the tenancy is in your sole name.

You should perhaps consider divorce before you purchase the property and also a clean break to prevent a future claim from your wife - if she will agree to this. Your wife could still claim part of your pension at this stage.

I know this isnt what you want to hear but I have to be honest with you.

Let me know if I can help you further.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 4 months ago.
Hi, would an "contract" written up by a solicitor and agreed by both parties be binding should we divorce, a contract stating what she will and wont be entitled to on divorce finalisation?ThanksDarren
Expert:  ukfamilysolicitor replied 4 months ago.

Hello Darren

You could draw up a separation agreement but the problem that you have is that such an agreement is not strictly binding on a family court Judge and they could over rule such an ageement if they felt it was not fair. This gives you wife scope to change her mind.

The only way to have finality is if you were divorced and a consent order was submitted to the court and approved by a Judge.

Kind regards

Caroline

Customer: replied 4 months ago.
I am not anticipating this having to go to court but could my wife (ex - wife) take me to court after the divorce is finalised? would i still need a consent order after the decree absolute even if i bought the property after the decree absolute?
Expert:  ukfamilysolicitor replied 4 months ago.

Hello Darren

Yes - if you dont resolve the issue of the matrimonial finances when you obtain decree absolute then it is still possible for your wife to make a claim even after the divorce has been finalised unless a consent order is lodged and approved by the court at te same time.

Kind Regards

Caroline

Customer: replied 4 months ago.
Hi again, can i just check, my wife would be entitled to 1/2 of any equity in the house? the reason i ask is because if i chose right to buy then any discount i recieve would need to be repaid to the local authority if the property is sold within 5 years. So i am assuming she would be entitled to 1/2 of whatever my discount would be?Many thanksDarren
Expert:  ukfamilysolicitor replied 4 months ago.

Hello Darren

The starting point for division of assets is equality. The Matrimonial Causes Act sets out reasons from departure of equality which include the earning capacity for both of you for the future, future health needs etc. You need to be aware that you wife may argue for more if these apply to her.

Whilst I appreciate the recoup rule it makes no sense for you to sell within 5 years and lose this amount and therefore my previous posts do stand and the best option for you is to seek a resolution by way of clean break first.

Kind Regards

Caroline

Please kindly remember to rate our service so that we receive credit for helping you. Your question will remain open and I can answer your follow up questions for free.

ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 4 other Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi,
the reason i ask is because as of April the new "pay to stay" rule comes in which means council rent is earnings related, i am above the upper limit which means my rent will almost double making purchase the only option, should she pursue me then the omly option would be to sell but then any positive equity would need to be repaid to the local authority, surely this would mean we both come away from the sale with nothing as there would be no profit? If this is the case then another option is for me to just cancel my tenancy and return the house to the local authority (not the best option but it still equates to no house and no profit) then she could only pursue me for my pension accrued since we have been together is this correct?Many thanksDarren
Expert:  ukfamilysolicitor replied 4 months ago.

Hi

I can see this is a dilemma.

I would suggest that you consider mediating with your wife. See if you can come to agreement as to a share for her? Perhaps it could be agreed at mediation that she will receive a share in the future on the sale of the house at some later date? then you both benefit rather than the LA getting the equity back?

There are lots of mediation services and there will be one local to you. If you google family mediation in your area and give them a call to get the ball rolling.

If this can be agreed this can be lodged as a consent order with the court when obtaining decree absolute so its legally binding still.

Kind regards

Caroline

Customer: replied 4 months ago.
That was my thinking, perhaps a sum equal to 1/2 of the discount which would equal 1/2 the profit should the property be sold without recoup penalty, i will look into the mediation services.Thanks againDarren
Expert:  ukfamilysolicitor replied 4 months ago.

Let me know how you get on and If I can help you further.

Kind Regards

Caroline

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice