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ukfamilysolicitor, Solicitor
Category: Property Law
Satisfied Customers: 1436
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband and l are in the throws of divorce due to him having

Customer Question

my husband and l are in the throws of divorce due to him having an affair he won't move out until we've made an agreement of 60 40 splilt my favour and he keeps all his pensions we have a 16 year old daughter can he make me sell or am I better off sitting tight until shes 18, we've only got 3 years left on mortgage. just don't know what to do for the best, ***** ***** probably valued at about£240k but due to age and money I earn think I'd struggle to get mortgage
Submitted: 2 years ago.
Category: Property Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask -
- have you had full disclosure from your husband?
- in respect of his pensions - what is the value?
Kind regards
Customer: replied 2 years ago.
no l haven't that's basically the agreement of what we came to as I have a pension that I haven't paid into for 16 years that's worth £40k but his is a Wiltshire pension but l haven't any idea value
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response.
I do not think that you are doing yourself any favours by agreeing to something that excludes your husbands pension - especially when you have no idea what your husbands pension is.
You are entitled to a share in his pensions also - and 50% of the pensions is a starting point.
I do not suggest that you agree to anything unti this information is provided to you.
Your husband is under a duty to disclose all assets and liabilities.
If he doesnt do this - then a court will make him.
It is simply not possible to tell you if what your husband is offering you is fair right now. I am inclined to think that what is being offered is not going to be fair to you at all if he wont even tell you what his pension is.
Best advice is to refer your case to family mediation. Family mediation will help you and your husband in respect of full disclosure and seeking an agreement thereafter. If matters cant be agreed at mediation or your husband wont provide full disclosure then I suggest that you make an application to court. There are lots of mediation services and there will be one local to you.
It is important that you get a fair settlement - you are entitled to this and you will need it for the future.
In respect of the house - yes - by all means you should argue that the house should not be sold until your daughter is 18. If there isnt enough to meet the housing needs of yourself and your daughter elsewhere - the court will likely agree as the housing needs of children are prioritised.
Please do not hesitate to ask if I can assist you further.
Kind Regards
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Expert:  ukfamilysolicitor replied 2 years ago.
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