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Clare, Solicitor
Category: Law
Satisfied Customers: 35052
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I separated from my husbund10 years ago and we have been to

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I separated from my husbund10 years ago and we have been to mediation( he did not delare his lump sums and various investments and over exaggerated his outgoings) several times to reach an agreement on money. This has never been sorted and so for the last 9 years I have looked after,the house and 3 of our 4 children going through uni / back for holidays etc. I have replaced windows , the boiler, the bathrooms. I was made redundant 4 years ago and for a year had none other that £600 pension per month to maintain 5 bed house and feed various children. When I got myself together I invested my capital that was left in setting up a business which is now doing OK and now I do have a little more of an income.
I have now finally sold the family house ( we agreed it would go on the market in 2014 when all the children had completed uni- never envisaged looking after it on my own all that time) and we now need to split the proceeds . My husband has a large pension 1500 per month mine is £700. I have said that
I should have additional money for looking after the house ( specially as I hadn't an in come for some time) for the last 9 years
My feeding/clothing the kids
maintaining the house
improving the house
my share of his pension ( mine was small as I had a break from work to look after the kids)
He has stated that my future income is to be included in this and that I am entitled only to 55% of the house. He has claimed his pension for 8 years.
Am I entitled to part of his pension
should I have financial claims on maintaining the house alone when we both agreed to keep it but I was expecting financial support.
I do not want to 'take him for everything' all I want to do is ensure that I have my share and that I can survive. He did buy a house but sold it at profit and has moved in with his girlfriend.
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 have you improved the property?
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

New windows a nd doors. Bathrooms .new boiler. Power flush the central heating system. Decorated most of the house at least once. Numerous trees and hedges cut back. Put outside porch on back door. Put in additio al doorway from kitchen to study.Morgage paid off 9 years ago. Just agreed sale price of £337.500



How much did you spend on the bathrooms and the additional doorway - and how much did you pay off the mortgage?
Customer: replied 2 years ago.

Mortgage was paid by him a year after we seperated

windows boiler 16 000

Bathrooms 9 000

Door way and porch 1000

The main question here is my entitlement to half his pension or rather 1/2 the total sum of our pensions or capital from the sale of the house as an alternative.

I am fairly confident I can fight for the capital outlay but what he

fighti ng the fact that he was running a small house didnt feed or cloth the kids and I ran a 5 bed house fed and clothed the kids and spent money keeping the house for the kids as we sgreed but had to bare the cost alone even when I wasnt working

second main point is am I entitled to halfthe total sum of both our pensions in the futue as my pension is half his because I was at home looking after the kids then worked part time evenings and nights

You are certainly entitled to a Pension Sharing Order to balance out the discrepancy in the pensions.
This is usually done using the "Cash Equivalent Transfer Values" of the pensions - although an Actuary's report is more detailed and accurate
I am afraid that the fact that he did not pay for the children does not impact on the capital settlement - neither does any routine upkeep of the property
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

That is helpful thank you. Can I just confirm that my current/future earning do they feature in the pension settlement?. I will be setting up another pension scheme but as I am 57 it wont amount to much. Thank you

You ability to build up a new pension is one of the issues considered in an Actuaries report - but given that it is very limited due to your age it will not be of any relevance in your case
Clare and 2 other Law Specialists are ready to help you