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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Desperate separation advice needed for my elderly Father

8 replies

PhoenixT · 09/12/2019 11:59

My elderly (70) father needs to separate from his abusive wife (47) of 25 years. She is now the main breadwinner earning more, they have an overly large house, which is only in her name, as he was too old when they decided to buy. He still works full time and contributes of course but she now earns more. He wants to leave but wants to know where he stands with the house, and if he'd be entitled to anything as he'll need to rehouse himself and has nowhere to go ?

Any advice would be greatly appreciated as he's not yet in a financial position to seek legal advice.

OP posts:
millymollymoomoo · 09/12/2019 12:39

If they’ve been married 25 years it woNt make a difference whose name is in the house - it’s a marital asset to be divided

Any pensions will also need to go into the pot

He needs to seek legal advice but he’ll be entitled to a share

PhoenixT · 09/12/2019 12:44

Thank you. How does it work , will he get a share of the profit or share of the value?

OP posts:
Kanga83 · 09/12/2019 12:44

He needs to seek legal advice. Most solicitors offer free 30 minutes. I would advise a firm that has a family department but also a good wills and probate dept, to get his affairs in good order too. Not that I'm saying his age is an issue, but it would be prudent to deal with both given the situation.

Kanga83 · 09/12/2019 12:45

I'm a solicitor, but not in family so I don't want to offer any further info, other than the best thing is to make a free appointment with a local reputable solicitor.

PhoenixT · 09/12/2019 15:11

Yes he knows he has to do that eventually but in order to minimise solicitors fees, he wanted to get some info first as he's working very long hours right now and can't afford to take time off. His wife keeps her money to herself so my father pays his own way.

OP posts:
GrannyBags · 09/12/2019 15:14

He may have to take time off to sort this out - will be worth it in the long run. I second the suggestion of talking to a solicitor, he will need to if he is going to start divorce proceedings.

millymollymoomoo · 09/12/2019 15:49

The asset value is the equity, not the house value so if it’s worth 500k but has 250k mortgage the asset is 250k available fir split

All monies will need to be declared including pensions and earnings

No one here can advise on outcomes but

He’s entitled to a fair share (could be 50% could be more or less depending on circumstances) he is close to retirement so won’t have time to build up any further pension - she will so that could play a big part in the outcome

PhoenixT · 09/12/2019 16:21

Thank you. Thats kind of what I was looking for. Thank you.

OP posts:
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