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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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A friend of mines wife left him nearly 4 yes ago. He has payed

Customer Question

A friend of mines wife left him nearly 4 yes ago. He has payed all her debts off. Payed all the mortgage on there home. This was a joint mortgage. She did not continue at all. She left took money out of there account and cleared most of the furniture. He took his pension early to pay debts an to live.
It took her nearly 4 years and they are not divorced. She took him to court twice . Basically she has been awarded everything from the sale of their house. He has no money to pay for the rest of his solicitors fees and 2 days Bar rasters fees. She is taking him to court for his pension of which is £600 per month. He has no where to live .no money for a bond on a rented property. He is finding it difficult to get a council property because of the bedroom tax. She has never turned up for ant court appearance. .stating she is frightened of him . She was not a victim of domestic violence. It was her previous husband who was. My friend s solicitor has not been the best. There have been no copies if any correspondence from his wife s solicitors or any sent on return. Please help I am worried that he nay be left destitute. He pension was for 40 yr at his only job. He was only married to his wife for 6 yrs before she left him. Thanks I feel he is like a lamb to the slaughter. He has no way of getting any representation.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long were they actually living together for?
What was the value of the assets?
Customer: replied 3 years ago.

6 yrs. The pension was £40 000. He gas a monthly pension of £600...He payed everything for their joint mortgage from the day she left and still. He put all the money down for the deposit. There would have been around £20 000 + each when the house was sold. She agreed after last court hearing not him . For the property to be sold for £15 000 less. I think she gets around £25 000. Next month from the sale.there has never been anything said about my friend having to use his lump sum to pay the £ 400 + mortgage every month

Customer: replied 3 years ago.

Could you please reply to my reply regarding the assets and are the fothcomino court hearing and outcome an infringement of his human rights ..Please reply he has a telephone at 12 today with his solicitor

Customer: replied 3 years ago.
Relist: Incomplete answer.
Answer about human right infringement regarding the risk of losing everything in the divine settlement when my friend has gained nothing...not even his divorce... case started in 20011
Expert:  Clare replied 3 years ago.
My apologies for the delay.
I am afraid that this is not a Human Rights issue - although from what you say there is definitely a possibility that he has been badly advised
However it is still rather hard to identify what has actually gone wrong and the basis on which any order was made.
What I understand so far is that they lived together for a total of six years but were married for 10 in total.
The matrimonial home has equity of £25,000 and she gets all the proceeds of sale.
He received £40,000 lump sum from his pension.
He does not have to pay her maintenance or make any further payments to her.
Is that correct?
Customer: replied 3 years ago.

There are no children involved. He has to go to a court hearing in July about her gaining a share of his monthly pension. He has no representative because he can no longer afford a barrister. He has asked several time for legal aid but his solicitor says he does not provide this service. My friend has no copies of any correspondence from his own solicitor or from his wife's solicitor.

Expert:  Clare replied 3 years ago.
is the position I have described above correct except for the issue of ongoing maintenance?