Property and Pension Dispute
The client is facing a situation involving property division and pension rights following a divorce. The former matrimonial home is currently in joint names. The former spouse seeks to gain ownership of the house, sell it, and also claim the client's private pension. The client wishes to have the house sold and its proceeds divided equally, while leaving the private pension unaffected. The client has since remarried, which could potentially influence the proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my ex-spouse claim a share of my private pension even though I have remarried?
In the UK, your ex-spouse may still have a claim on your private pension, regardless of your remarriage. During divorce proceedings, pensions are considered a marital asset and can be divided as part of the financial settlement. The court will assess each party's financial needs, contributions, and future financial positions. The fact that you've remarried does not automatically exclude your pension from consideration. However, the court will take into account your current financial responsibilities, including those towards your new family. It might be beneficial to seek a pension sharing order to establish the division formally.
What are my rights regarding the sale of the jointly owned matrimonial home?
As the matrimonial home is jointly owned, both parties have equal ownership rights. Both parties generally need to agree on the decision to sell, unless a court orders otherwise. You are entitled to an equal share of the proceeds from the sale unless there is a legal agreement stating otherwise. If your former spouse seeks to sell the property and use the funds solely for themselves, you may need to negotiate or seek a court order to protect your interest in the property.
How is the division of property, including pensions, typically handled in divorce cases?
During divorce proceedings, the division of property, including pensions, follows the principles of fairness and equality. The court aims to ensure a fair settlement for both parties, which often involves dividing marital assets, including the home and pensions. While the home is jointly owned, and its sale and proceeds are typically split, pensions are treated as a separate asset type. The court might issue a pension sharing order to divide pension benefits.
What factors does the court consider when determining the division of property and pensions in divorce cases?
When determining the division of property and pensions in divorce cases, the court considers several factors: the length of the marriage, the ages and financial needs of both parties, contributions to the marriage (including non-financial contributions), and the standard of living during the marriage. The court also evaluates the needs of any dependent children and the potential earning capacity of each party.
What happens if my ex-spouse sells the house without my permission?
If your ex-spouse sells the jointly owned matrimonial home without your permission, it would generally be considered a breach of your joint ownership rights. As the property is in joint names, they cannot unilaterally sell the house without your consent or a court order.
