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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32957
Experience:  Award winning lawyer with over 15 years experience
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I have a wife in a home with no mental capacity and I own

Customer Question

I have a wife in a home with no mental capacity and I own 50% of a piece of land in London which I would like to sell. The land has been in my family for may years. Is my wife entitled to any of the income and or sale proceeds?
Also would she be entitled to half of my private pension and a lump sum of 24k pension I also received?
Should I become her legal guardian in charge of her affairs?
Are the council likely to want any of the above mentioned monies?
Thank you,
Martin Longley
Submitted: 4 months ago.
Category: UK Law
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas Judge replied 4 months ago.

Let me see if I can help and please rate positive.

On the basis that you are still married then you wife has a potential interest in the property. She would have an interest subject to her seeking a divorce, but from what you write this is not what she seeks. I would suggest that you may wish to seek a solicitor who specialises in court of protection work to obtain legal authority to formally act on her behalf.

Expert:  Thomas Judge replied 4 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 4 months ago.
I would like to know whether my wife is entitled to half of the rent I am receiving from the tenant on the land and also from the sale of said land owned by my brother and myself. You did not answer this question.
I am not satisfied with an answer just referring me to another solicitor. I look forward to your response.
Regards
M. Longley
Expert:  Thomas Judge replied 4 months ago.

If you divorce then your wife is entitled to at least half of everything. This would also enclose the rents. She would also be entitled to a share of any interests which you have. I raised the issue of another solicitor simply to assist with regard to the drafting of an appropriate power of attorney. A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council. Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor.Happy to discuss but please rate positive.

Expert:  Thomas Judge replied 4 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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