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Category: Family Law
Satisfied Customers: 575
Experience:  Expert
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My husband moved out in September Just received an email

Customer Question

my husband moved out in September Just received an email telling me he wants a divorce and hes going to sell the house Can he do that thank you
JA: Was the house purchased during the marriage?
Customer: just before was got married I had my name added later
JA: Were any marital funds used for the mortgage or property improvements?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Last year he spent 5 months in hospital due to a rare illness he cannot go back to work I went to a solicitor, who is no longer practicing, and she advised power of aterny which I did
Submitted: 13 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 13 days ago.
Good morning and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be delighted to offer some guidance.I CANNOT take a telephone call at this moment in time although I'm happy to continue messaging.You'll receive a site-generated pop-up offering a call so, if you do need to speak to somebody urgently, please let me know and I will opt out of this question and allow another expert to call you.I can imagine you're extremely shocked at your husband's decision and I'm really sorry to hear that it seems to have come out of the blue. First and foremost, how long have you been married? Are there any dependent children? Are you working at all?Thanks, J
Customer: replied 13 days ago.
Thank you for your reply We have been married for over 30 years I am 70 years old and on state pension I have just recently been awarded Attendance Allowance due to ill health There are no dependent children
Customer: replied 13 days ago.
Im sorry but will have to cancel as I dont have enough money to continue
Expert:  JeremyT1020 replied 13 days ago.
Hi, I'm happy to continue messaging. I believe you pay the $5 for that service. There's no extras as far as I'm aware?
Customer: replied 13 days ago.
Oh thank you yes messaging is good for me thanks
Expert:  JeremyT1020 replied 13 days ago.
OK, glad you're still here! You and your husband had a long marriage and, as there are no dependent children, the starting point for dividing the assets will be a 50:50 split.He cannot just sell the house without your agreement. It would need to be done by consent. Likewise, there may be other assets like pensions, savings, etc, that need to be divided.That said, if he went to court on this matter, I suspect the court would order a sale unless you could buy your husband out or release some equity for him.
Customer: replied 13 days ago.
does this mean he can take half my pension Where does the equity come from please
Expert:  JeremyT1020 replied 13 days ago.
Hello again. If you had a large pension and he had no pension, he could ask for a pension share as the pension is a matrimonial asset acquired during a long marriage.With regard to the equity, it could come from a sale or an equity release. Equity release is often done through a specialist company but I would recommend getting independent financial advice before doing so.
Expert:  JeremyT1020 replied 13 days ago.
Hello again. I note I haven't heard from you since earlier today so I trust you're happy with my answers to your questions. If you need any further assistance, please let me know. Otherwise, thank you for your question and for using Just Answer. Kind regards, J