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Mums entitlement to Dads pension???

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Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    xylophone wrote: »

    She'd need to know all the details of the husband's finances to get a result.
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi, yes an odd situation but they are still together, and yes its also his son! So I presume entitlement would only be there if she were to divorce him? FYI she's 62 and he's 71

    If he has bought himself a single life annuity then she should file for divorce immediately. and go to court for an interim order to have him pay her some maintenance. If he did buy a single life annuity, and he dies tomorrow she would get nothing.

    If all the family assets are in his name (surprisingly likely at at their ages) then she should get orders for him to share any assets like savings. Before he spends them.

    Then, do they own a house? Who is living in it? Who pays the bills?
  • Hi I really appreciate the advice. I'm not sure if its a single annuity? He's said in the past she'd be get it if anything happened to him?? Their house is paid and its in their names, I checked the title register today. Its a really complicated situation, he's not that rational these days so you try to have a conversation about money and he says that things are sorted or that he doesn't want to bother me with his problems. On the other hand he refuses point blank to have a conversation with my mum about it. He's not that well, had a heart attack about 2 months ago, though he's able enough I don't think he's completely ok.
    There was other money, they received from the sale of land, though the money went to his account and from what we can gather its gone, we believe gambled, so the nest egg my mum thought she would have to retire on seems to have disappeared though we have no way of finding out??? The reason we think its gone is because he refuses to give any money to my mum, though was never that good at handing it over when they initially got it, also there is a restriction being applied to the house, so either he's being pedantic with the bank or he hasn't the cash to pay it off.
    I've tried speaking to him regarding it but he doesn't like to talk about it, says everything is in hand, and that there is money... But you can't have a sensible conversation with him as he will lock up if probed too much.
    Mum has been to the CAB, they can't help without her providing details of the debts he has? I've spoken to other companies ie land registry and kings ransome people and they can't divulge anything without his permission.
    In respect of the pension if she was entitled to some now legally then its a start, though I don't think she'd want to go down the route of divorce.
    For bills, they're on a gas and electricity meter, so they both top it up, they don't have a land line so are responsible for their own mobiles, and they sort out their own cars. I'm not sure who pays the council tax though, but I would imagine my dad???
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    edited 18 March 2014 at 8:34AM
    There's another thread on the Marriage and Families board which touches on a similar situation. Apparently it IS seen as a form of abuse, keeping your spouse short of money, it's a form of control. 'Well, if I don't give her any money she can't go out and spend it'. Complete lack of trust. Not what a marriage is supposed to be about, even in 'the old days'!!

    PS: Here it is: https://forums.moneysavingexpert.com/discussion/4922006
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
    Before I found wisdom, I became old.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    For bills, they're on a gas and electricity meter, so they both top it up, they don't have a land line so are responsible for their own mobiles, and they sort out their own cars. I'm not sure who pays the council tax though, but I would imagine my dad???

    With the difference in income between them, she shouldn't be putting any money into the meters.

    Is the CT definitely being paid? What about house insurance?

    Who pays for the shopping?

    If he gets paperwork from the bank, pension providers, etc, can't your Mum get a look at it and, even better, photograph it.

    What's the details of the restriction on the house?
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds to me like a divorce and a splitting of assets (where he is forced to turn over all details of his pension and what he did with the joint money etc).

    An interim emergency support order could force him to give her help with her bills. Where is he living?

    I agree, I would inspect all bills and statements that come to the house, even if it is tampering with t he mail. Married couples open the post all the time in fact. Steam them open if you have to

    I too am dubious he is paying tax and insurance. Find out.
  • xylophone
    xylophone Posts: 45,757 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 March 2014 at 7:01PM
    Their house is paid and its in their names,
    also there is a restriction being applied to the house, so either he's being pedantic with the bank or he hasn't the cash to pay it off.

    The house is mortgage free and held in joint names rather than as tenants in common? What is the nature of the restriction?
    kings ransome people and they can't divulge anything without his permission.
    http://www.kingsransom.biz/ This?

    You think that he has secured a loan against the house? Or has gambling debts?

    Has your mother checked out what will happen about the carer's allowance when she draws her state pension?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've spoken to other companies ie land registry and kings ransome people and they can't divulge anything without his permission.

    If your Mum is also listed as an owner, why won't the LR speak to her?
  • Re Carers Allowance, this stops once State Pension becomes payable. The carer may be entitled to a Carers Premium (current rules) once SP kicks in giving entitlement to some other benefits e.g housing benefit but they will be means tested & dependent upon assets, savings etc.
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