Thank you so much for your patience.
What you need to know is that the correct way of dealing with the matrimonial finances is by making a claim in relation to the same which can only be commenced once divorce proceedings have been issued.
The matrimonial finances includes all of the assets and liabilities for both of you. This does includes your assest and all of your husbands assets. You will both be under a duty of full disclosure to provide full details of all assets and liabilities for both of you to each other.
With a long marriage, such as yours then the starting point for the division of all assets is equality.
The court considers the following criteria when deciding whether to depart from equality:
The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your spouse’s pensions).
As your income is less than your ex husbands then you need to be seeking a larger share of the assets somewhere around 10 -20% more. I do note that you do not intend to seek any of your husbands other assets other then the matrimonial home and you want to retain your pervious home. I do not know the value of your husbands other assets but if they are substantial then these can be offset against your assets and the matrimonial home so in effect for him to retain the same the you would get a larger share of the other assets - that being the matrimonial home.
As you currently have no income you also need to be considering claiming spousal maintenance, which again can only be claimed on divorce. The court will consider what needs you have and want to meet these.
You need to consider referring to family mediation. This is a prerequisite before you can apply to court. Google family mediation in your area and give them a call to self refer.
Mediation will try and help you both through full disclosure of both your financial positions and discussions about division. If agreement can be reached at mediation then a consent order should be submitted to the court for approval.
If agreement cannot be reached at mediation then the mediator will sign the form that you need to apply to court.
In reality the court will order the house be sold so that your shares can be realised.
In relation to your will, whilst you are still married, if you were to pass, as there is no provision for your husband in that will, you need to be aware that he could challenge the same. A court would likely order him half interest in the same if he was to challenge your will. This wouldnt be the position if you were divorced.
Let me know if I can assist you further
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