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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I actually have 2 which are kind of intertwined with each

Customer Question

I actually have 2 which are kind of intertwined with each other.
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I am my fathers LPA for both health and finances. I have contacted the TPAS and they informed me in writing the following± Dear Mr RogersFurther to our web chat conversation the following web link will take you to our summary document relating the ending of relationships and divorce.http://www.pensionsadvisoryservice.org.uk/content/publications-files/uploads/When_a_relationship_ends.pdfThe diagram on page 4 confirms that a married couple who are separated, but not divorced do not have any entitlement to each other’s pensions.I trust that this is of assistance.Kind regardsDavidDavid Loosemore
Technical Specialist – TPAS Information and Guidance TeamMy father and his wife ) who are not seperated but both living in the same house but estranged. She will not accept what the Pension Advisory Service has provided and is insisting that she has right to the difference between both her and my fathers pensions. The advisory sevice have stioulated that she has no rights not even that he has to share / so long as they are still legally married. This would only come into contention upon a divorce. Can you as sollicitors confirm this in writingplease / as she will not accept this. Also my father bought a car out of his own bank account / so not hers . He had to sell due to bad health .. and again she is insisting that he must split the sale of the car with her... while it was out of his account and not a joint.
Submitted: 2 months ago.
Category: Property Law
Customer: replied 2 months ago.
Incidently I am not a Mr. as the TPAS had adressed me in their mail... but a Ms....
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

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

What income do they each actually have?

Customer: replied 2 months ago.
They are both retired
Customer: replied 2 months ago.
Nice to meet you by the way Clare
My father is 84 and my step mother 79.
Customer: replied 2 months ago.
Both have state pensions and a private pension.
According to the Pension Advisory Service, since they are both married / living in the same house , even though they are estranged / both do not have to share or provide any of their pension to the other. This apparently only comes into play in the event of a divorce or that a judge makes a ruling.
Expert:  Clare replied 2 months ago.

Yes but in round figures what income do they each have?

Customer: replied 2 months ago.
Hi Clare
My dad has a basic state pension - this is topped up with what is called an Attendance Allowance - approximately 70/75 pounds
This adds up to from what I understand approximately 260 pounds per week, He also has private pension which is paid out every 3 months - not that much - and is somewhere in the region of a 120 pounds.
His wife also has a basic state pension and she also recieves a monthly private pension My dad is not sure how much this is... but he thinks her private pension is approximatley in the region of a 180 pounds.
Hopefully this helps.
Incidently, I did contact the Pension Advisory Service and they informed me in writing that niether one of them are obliged to share or give any of their pensions to each other- That this would only be any issue if they had to settle with a divorce.\
Regards Denny
Expert:  Clare replied 2 months ago.

Who pays the household bills

(I am aware of what the PAS say but there are other issues involved)

Customer: replied 2 months ago.
My father does...and apart from that there is no morgage..but they both pay once a year half each of the service charges .She refuses to pay half of any of the utilities because she believes she is entitled to part of his pension.
Expert:  Clare replied 2 months ago.

Excellent thank you.

As you have been told there is no such thing as compulsory pension sharing between a married couple.

However it is actually possible for one spouse to apply for spouse maintenance from the other even whilst they remain married IF that spouse has insufficient funds to cover their household expenses.

In this case the wifes' expenses are clearly well covered and she cannot make such a claim.

Equally however your father cannot force his wife to pay half of the utilities if she refuses to do so

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

Customer: replied 2 months ago.
Thank you Clare for yout time and reponse.
I do however hav another question - which is kind of interwined with the first.
My father bought a car a couple of years ago. This was bought out of his own account and not out of the joint account which was during that period in time in use. It should be said that there is now NO joint account! His wife equally bought herself a car out of her own account. My father due to his diabities and ill health was forced to sell his car this year. His wife still has her own. However she is insisting on half of the sale of the car. My dad is refusing as this was paid out of his own account and his own money. I feel the same way - but want to check with you if she has any legal grounds on this issue.
Kind regards Denny
Customer: replied 2 months ago.
Hi Clare
Also with regards ***** ***** point where you mention "Equally however your father cannot force his wife to pay half of the utilities if she refuses to do so" Can my father then refuse and allow her the use of the ultilities since she is not paying for the use of them - or even cancel a utility without any form of discussion with her?
Again, kind regards... Denny
Expert:  Clare replied 2 months ago.

There is no action that your father's wife can tale regarding the car money - it is up to your father what he does with it.

However I am afraid that he cannot restrict her use of the utilities - and cancelling one could be a mistake as it is because all the bills are paid that there is no court action that she can take

Customer: replied 2 months ago.
Thank you Clare for your help....
Kind regards... Denny :-)

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