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is she entitled?

  • froofroo
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05 Jul 08 #30954 by froofroo
Topic started by froofroo
Sorry this is long winded and confusing but here goes!!
if woman got divorced 12yrs ago,and by her choice left marital home, which was in joint names on a mortgage, and the former husband remained in house bringing up their children and paying everything
then the ex wife moved back into FMH after 6yrs away, they carried on as husband and wife again but after 6 months decided it wasn't working again but they both remained in fmh in seperate rooms.
1 yr later ex husband re-marries someone else and moves in with her, this marriage lasts 3 months then they split up
and he moves back into fmh for which he had continued to pay the mortgage for and the first ex wife had remained in but had paid him rent.
7yrs on from there they both still live in fmh with him paying everything but have seperate bedrooms and the house is now for sale
my questions are-- is 1st ex wife entitled to claim any of his pension?,it was not agreed upon divorce, if so over what period of time?
also is she still entitled to a 50/50 split of fmh when sold?, again not agreed on divorce.
could they be classed as co-habiting as he still pays for everything, there are no young children involved now

  • dawn1
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05 Jul 08 #31013 by dawn1
Reply from dawn1
hi, yes she is entitled to 50% at least of the FMH and 50% of the pension when they divorced, they can calculate that for him.
hope this helps
dawn

  • TMax
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06 Jul 08 #31029 by TMax
Reply from TMax

woman got divorced 12yrs ago


Was a settlement made in court by a judge regards financial settlement.

If the answer is yes, then X has no leg to stand on, I cant see X getting anything.

they carried on as husband and wife

Did they remarry.

1st ex wife en­title­d to claim any of his pension


Again Im now assuming that the break was done in court if so then I cant see it. Was it an agreed settlement. At the moment cohabitation as far as I know hasnt come into law for sharing yet.

Does he have a rent book for person living with him if so then good prove X only rented not cohabitate.

I would say time to give lodger her notice to leave. before things change.

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