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Will MUM lose state pension if DAD is in PRISON

(12 Posts)
horrifiedmum Thu 06-Sep-07 21:20:17

My father in law has just been sentenced to 12 years.

He is still married to my mother in law, they split about 15 years ago and though he has been in a long term relationship, neither actually commenced divorce proceedings.

Both are over 65,I believe she gets a part of his state pension, might be her married persons element - not entirely sure how it works.

Will she lose this entitlement because he has been put in jail?

Also, how does she go about selling the family home and getting divorced? They are tennants in common, had an agreement drawn up about 10 years ago but I don't know the content of it. Can she sell now under these circumstances regardless?

Also, if he cuts his children out of his will, would they have grounds to contest it when he dies?

Thanks for any help.

Desiderata Thu 06-Sep-07 21:24:02

Twelve years, I'm guessing fraud.

I don't know the answer to any of your questions, I'm afraid, but am I right to assume that there is quite a lot of money involved?

tiredemma Thu 06-Sep-07 21:25:18

Dont think it was fraud Desi- something far worse- Horrifiedmum has a thread somewhere on it

Desiderata Thu 06-Sep-07 21:26:39

Ah, yes. I think I remember that now.

Well, I hope that someone will come on to help you, hm. They're very valid questions.

horrifiedmum Thu 06-Sep-07 21:28:11

It was rape, buggery and various sexual assaults on his 2 daughters - from the age of 4 to 17.5

The house is probably worth £190k ish, wouldn't have thought there is much else in cash and no other assets.

Just trying to be practical now, lots of unknowns

horrifiedmum Thu 06-Sep-07 21:30:01

Sorry, reason for the house sale is that she can't bear being in it now she knows what happened there all those years ago (this all only came out a year ago and concluded at Court last week). She is desperate to get out and find another place to live.

Desiderata Thu 06-Sep-07 21:31:26

Yes, I remember your thread now. What a situation sad

I only mentioned fraud because crimes against property always carry a disproportionately high sentence as opposed to crimes against the person.

Well, still bumping for some good advice.

iheartdusty Thu 06-Sep-07 21:37:20

have seen your threads, horrifiedmum, and am sorry that your DH's family had to go through this.

she can sell the house and seek a divorce even if he is in prison, but it will be more complicated because documents sent to him for signing or whatever may take ages to arrive. He doesn't lose his property rights by being a prisoner, so whatever he could or would have said in response to the sale will still apply - except of course he can't oppose a sale on the basis that he want to live at the house.

as they have been separated for 15 years a divorce should be very straightforward.

don't know about pension. Has she asked Age Concern?

BetsyBoop Thu 06-Sep-07 22:49:26

sorry for you family situation

I don't know the answers to your questions, but maybe these people can help, or at least point you in the right direction?

horrifiedmum Fri 07-Sep-07 09:37:33

Bumping for any lawyers out there?

faylisa Fri 07-Sep-07 12:04:38

I can answer the question about him cutting his children out of his Will - In the UK you are, generally, entitld to leave your assets to anyone you want to. Certain people have a right to contest a Will, if they have been left out - BUT in the case of adult children (which I presume these are), they can only contest it if they were being provided for at the time of his death (or possibly if they had been promised something and acted in reliance on that promise). It doesn't sound like they'd have much of a case.

It sounds like your MIL's situation is pretty complex - she'd really be best off going to the Citizens Advice Bureau, or a family law solicitor (if she can afford it or if she is entitled to Legal Aid).

faylisa Fri 07-Sep-07 12:07:15

Ps - she could probably get a divorce on the grounds of separation. As for the house - completely depends on what their agreement said. If they are tenants in common then his share will pass under his Will, when he dies. The house would also be taken into account in any divorce settlemnet. She really needs some individual professional advice as I can only guess at certain aspects of her situation, but hope this helps a bit - good luck.

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