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dividing assets and also i have a mental illness

  • Fiona
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02 Sep 12 #353430 by Fiona
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Leaving aside the 24 properties which sound as though they may be in your mother-in-laws name for the moment, if your wife has been gifted a property and it''s in her name the value needs to be disclosed.

I agree with the others £40k doesn''t on the face of it appear to be a fair share if you need to rehouse after leaving the care home. As I said above though the effects of any capital on your benefits is a consideration. There is little point in having capital if it means you aren''t entitled to benefits until the capital has gone.

Whether or not you should go to court depends on where you are in the process and if your wife is not fully disclosing or prepared to negotiate or there is evidence that your wife has an interest in the 24 properties. The problem with going to court is that emotionally draining and damages long term family relationships which I would have though in your position you would be keen to avoid.

What does your solicitor recommend?

  • soulruler
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02 Sep 12 #353431 by soulruler
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housing benefit for your wife sounds more than a little rich expecially as she has been gifted a house.

1. Details of beneficiaries SHOULD be registerd at the land registry.

2. If your wifes parents are still registered as the owners and yet your wife is tennent and not paying a ligitimate rent that is tax evasion.


3. If she is paying "ligitimate" rent to her parents and evading capital transfer of title I still believe that is tax evasion - you either make a gift without reservation or you do not - so it is either a gift (on which her parents should have paid captial gains on the uplift) or it is a gift with resevation which is evasion of tax and therefore fraud.

Difficult I know - try to keep focused and not get confused with the significant family assets which are involved here which in the first instance you have no rights to (you might have if you choose to go that way - not suggesting it).

  • soulruler
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02 Sep 12 #353432 by soulruler
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Hi just to clarify the O drug is an anti psyctozophenic/bipolar drug and the citalopan an anti depressent. I have been prescribed the c drug and also diazepan which is an anti anxiety drug.

When were you first prescribed the O drug?

  • kool59
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02 Sep 12 #353433 by kool59
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the o drug was percribed to me in june 2010

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02 Sep 12 #353435 by kool59
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so far what i know when my father in law passed away there was a will announcment which i did not attent,this was 6 years ago we were ok then, she said she recieved £50,000 and was made the main executor for their flats and propertys.the property that my stbx and children live in had tenants in it they were given notice and shortly thereafter my kids moved in,i have not told my solicitor anything yet,knowing this info would it benefit me?do i tell my solicitor everything?i will be contacting my stbx to increase my share, what if she refuses?what do i do?will legal aid fully cover me?

  • soulruler
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02 Sep 12 #353437 by soulruler
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Do you know on what basis it was prescribed as its medication is based upon a broad spectrum of problems/disabilities.

Can you also think on and answer the previous posts so that we can get a better grip of the problems that you currently face?

I am currently undiagnosed with ADD, my brother is diagnosed with level 5 adhd - mental illness is not understood by the majority let alone those that suffer it directly or indirectly.

By the way I do not think by definition that my undiagnosed ADD or my brothers and his childrens ADHD is a medical illness - I believe it is a state of mind and more importantly a gift - rather like Tourettes is now seen to be a curse and a gift.

Despite my "conditon" and my brothers and his childrens condition NON of us has ever got into trouble with the Police or caused an offence at law in the general public.

I also think that my mother is boaderline autistic - mmany people have told me that in the past and now I think it may be true.

She is a loving and caring person just that she often skips to think about or understand the importance or lack of it of what she says.

  • soulruler
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02 Sep 12 #353438 by soulruler
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Just because your wife was a beneficiary and trustee under a will does not immediately mean that you are entitled just as a matter of marriage.

Keep all issues straight and start with the divorce proceedings.

Wills are public knowledge and they are in the public domain so the first thing to do in the respect of the estate of your deceased father in law is to get a copy of his will from which the trust ensued (you cannot get a copy of the trust but you can get advice from a trust lawyer as to what would have arrisen from the will).

So the first point of call is to ask a trust lawyer to get a copy of the will of your deceased father in law but to ask before hand how much they will charge for that and then pay up.

One step at a time as this is a complex issue all round.

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