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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My father is 77, and after 28 years is getting divorced. It

Customer Question

My father is 77, and after 28 years is getting divorced. It appears to be quite acrimonious. His house is in joint title with his wife..Is he entitled to an equal share of assets?
Submitted: 5 years ago.
Category: Family Law
Expert:  Clare replied 5 years ago.
Thanks for your question I will do my best to assist you.
How much is the house worth and what other assets are there .
What income do they each have?
Customer: replied 5 years ago.

The house is worth approx £150,000. Other assets are approx £200k in bank, which are the proceeds of the estate following the death of my Step Mothers Aunt and £30,000 in premium bonds. However, My Father is really interested in a share of the value of their property. The are both retired and their only earnings are from their pensions.

Expert:  Clare replied 5 years ago.
How much does a one bedroom property in the same area cost?
Customer: replied 5 years ago.

I'm not sure. They own a small two bedroom property. Certainly i do not expect my father to be able to purchase a property with his share of their house, but it will hopefully be enough for him to find a rental property.

Expert:  Clare replied 5 years ago.
It is worth just checking on Zoopla - just as a guide.
In general terms your father will be entitled to a 50/50 share of the matrimonial assets - but the money that his Wife has inherited will not be counted as part of those assets
HOWEVER the fact that his wife has that money means that if a slightly larger share of the house woudl allow your father to purchase his own property then it is quite likely that a court would order it