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Ex on benefits and working out fair settlement

  • Confusedhusband
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24 Jan 25 - 24 Jan 25 #524950 by Confusedhusband
Topic started by Confusedhusband
Hello,

Just gathering general advice here really, from people with knowledge / experience.
I have already previously sort 'general' legal advice from a solictor, but to be honest this was all very general and wasn't really specific, more just a run through on the legal aspects of divorce.

In brief, my ex left me nearly two years ago (suddenly and unexpected by me) - she has been unwell with mental illness for a while, and she moved into a social housing house and claimed benefits in her own name. She hasn't lived in the house since.

The house was purchased in my name, due to her credit rating / employment status at the time. She only worked for a 18 months after the house was bought and I have covered the entire mortgage in that time, nearly 9 years I have paid the mortgage on my own.

We have no children / savings / properties etc - I have a good pension (but due to her unemployment and debt issues I have to take a break from paying my pension for nearly five years).

While it's all been amicable, although contact is limited, she has gone to a solictor and initiated a divorce. No surprising and was expected - I am worried however, that she has chosen to use a solictor when originally we were going to sort everything out ourselves, she is going to try and secure an unfair settlement.

Any settlement she has would surely impact her benefits ? Secondly, surely when she claimed housing benefit / social housing shouldn't she have disclosed that she had a marital asset / property? A friend of mine in similar situation to this was denyed any form of housing help because they had a joint mortgage and so wasn't classed as in need, and was informed they needed to use their settlement to help them into private renting.

Basically - what sort of reasonable settlement should I expect. We haven't much equity in the house - and if I sell I am basically homeless and facing difficultly purchasing / renting if I am left with very little. She already has a property to live in now that is being paid for her, I am unreasonable to expect a greater settlemet than 50/50 division?
Last edit: 24 Jan 25 by Confusedhusband.

  • WYSPECIAL
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29 Jan 25 #524987 by WYSPECIAL
Reply from WYSPECIAL
50/50 would be the starting point given the length of 5e marriage but then you can negotiate.

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