dividing assets and also i have a mental illness

Yeah, I agree with Jslgb, if she joint owns 24 properties, lives in a property "gifted" to her......I wonder if something dodgy is going with her claims for jsa.

And I think that she has offered you £40 000 from an equity of £19000 totally not acceptable. That''s what, 20%?

Courts prioritise the needs of the children, and then ensure both party''s have the means to house themselves. So, my thinking is, her housing needs are already taken care of. Her mother gifted her a house - so is she paying rent, mortgage or is it mortgage free? Anyway, her housing needs are met. Your housing needs, with the marital home being sold, are not taken care of, And as you are unable to work, you are unable to raise a mortgage. So ideally, you would be given enough equity to purchase a home. Certainly more than 20%. How much are you looking at needing to rehouse yourself? With enough bedrooms for over night stays with the children?

I think from what you have said, you would probsbly need to go to court.. It''s quite complex with her jointly owning property with her mother, but I''d think you have a claim on these, in some way. This would also offset the equity in your favour.

I think you really need advice from a family solicitor. The first thing is to identify and value all the assets held in joint and sole names. Your wife needs somewhere to house the children adequately but you have no potential to work and also need to be housed. Another factor to consider is the effects of you having capital on any benefits you may be entitled to.

my age is 40 and my stbx is 33,we lived in a FMH for seven years untill we separated for 5 years untill current date.i dont have any savings.i take two types of medication olanzapine and citalapran both calm me down and help me sleep.i do occasionally hear voices much less than what i use to.their has been domestic violence where the police has been involved.the reason for the separation was i was declared unfit to work hence i could not keep up my mortgage payments.my stbx moved with children to her moms address and i moved in with my parents.since then my mother in law has gifted a 2 bedroom property where they live with my children.my mother in law has a property buisness 24 propertys in total and all on rent,i dont know what my wifes savings are but i do know my mother in law does give money.i was sectioned under the mental health act sect2 in 2007 where i stayed in a mental health unit for 3 months and then discharged.i was hospitalised again 2010,currently live in a care home.i see a consultant regularly (physciatrist).my stbx is aware of my condition and sometimes visits me.

she claims housing benefit and gets jsa.i have coonfronted my stbx whether she gives the housing benefit money to her mother but she kept silent and didnt want to talk about it,however i am unsure whether she keeps the hb money or gives it to her mother. how do i expose this? shall i tell my solicitor? i dont want my divorce to get ugly.

I wouldn''t put the cart before the horse and make things more difficult than they need to be. As part of the disclosure procedure both of you should give notice of benefit entitlements, details of your expenses and bank statements. Once your solicitor has the information he/she can see if there are any discrepancies. Do you have any idea about how long you may require to be in a care home?

i can only stay in my current care home for one more year

Hi

I hear what you are saying. Can you clarify

1. It is a seven year marriage 5 years separation?

2. how many children of the marriage and what are their ages?

3. Your wife receives benefits on what grounds?

4. What benefits do you currently receive, how long have you been in the care of mental heath services and on what grounds (if you know them) are you due to be discharged?