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Should Abused Pensioner get decree absolute

  • Bbq66
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1 month 3 weeks ago #513611 by Bbq66
Help desperately needed please!
I am a 74 year old pensioner, and recently left family home due to domestic and financial abuse. My ex is 60.
I was forced to flee with no money, but I was awarded pension credit on a temporary basis on condition divorce and financial settlement is in progress. Ex still lives in family home and won’t communicate or complete form E for first direction appointment, Property in joint names. Legal aid not available because my financial interest in property exceeds limit. I have decree Nisi.
What happens if I die before a financial settlement is agreed? (My ex is being very awkward and the financial settlement could take many years, ex likely to refuse to move out - should we ever reach we ever reach that stage in proceedings).

If I die I want to make things as simple as possible for my three adult children, who will inherit my 50% share of the property.
As I haven’t applied for the decree absolute, and only have the decree nisi, am I considered still married in the eyes of the law?
How would that affect my children and their inheritance?
Would it be complicated, messy, and expensive in solicitors fees for my children as executors of my will?

Or would it be simpler for me to get a decree absolute now? I am happy to waive my share of my ex’s savings and her pension.
What would be the simplest way and cheapest, given that my ex will try to delay matters and be as awkward as possible? Thanks everyone.

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  • WYSPECIAL
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1 month 3 weeks ago #513614 by WYSPECIAL
Replied by WYSPECIAL on topic Should Abused Pensioner get decree absolute
Until you get an absolute then you are still married.

The divorce and financial settlement are completely separate applications. Getting an absolute won’t stop a financial claim.

If you die then your estate would be distributed according to your will although could be challenged and varied if you do not make adequate provision for a dependent.

Be careful about the house. If it is held as joint tenants then if you died it wouldn’t form part of your estate but would automatically pass to the other joint tenant. If you are tenants in common you can leave your share to someone else.

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  • Donut723
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1 month 2 weeks ago #513730 by Donut723
Replied by Donut723 on topic Should Abused Pensioner get decree absolute
Yes that's right, I gather it's fairly simple to switch from joint to tenants in common, I don't think you need the other sides permission etc.... Feel free to correct me if wrong!!

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1 month 1 week ago #513735 by WYSPECIAL
Replied by WYSPECIAL on topic Should Abused Pensioner get decree absolute

Donut723 wrote: Yes that's right, I gather it's fairly simple to switch from joint to tenants in common, I don't think you need the other sides permission etc.... Feel free to correct me if wrong!!


That's correct. No permission required.

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1 month 1 week ago #513737 by Donut723
Replied by Donut723 on topic Should Abused Pensioner get decree absolute
Interesting. So would this always have to be a 50:50 split to change to tenants in common? Does this split affect financial settlement when the equity proportions are worked out!? Thanks

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  • hadenoughnow
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1 month 1 week ago #513740 by hadenoughnow
Replied by hadenoughnow on topic Should Abused Pensioner get decree absolute
If yiu sever the joint tenancy the shares are held equally and can be willed as you wish. The proportion each party has may be adjusted as part of financial settlement on divorce.

Hadenoughnow

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1 month 1 week ago #513742 by Donut723
Replied by Donut723 on topic Should Abused Pensioner get decree absolute
Thanks for the reply. I basically own the FMH as joint tenants. I'm looking to buyout my other half (which would probably be about 30-40pc of the house value) so even though I am accepting I only 'own' 50pc does this not prejudice my position going forward?

Also, does anyone know what the process is - I gather you serve notice on the other side, what happens if this is ignored? Is it a case of filling in a land registry form and dealing with them?

Thanks everyone - invaluable advice

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