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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my wife wants a seperation and wants me to move out of the

Customer Question

my wife wants a seperation and wants me to move out of the family home where do i stand ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
How long have you lived together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do you each earn?
Claire
Customer: replied 4 years ago.


Hi Claire, We have been together 11 years. We have an 8 year old between us and she has a 16 year old daughter to a previous partner.


The house is worth around £150,000. There is £100,000 remaining on the mortgage. We owe around £10,000 in loans c/cards etc.


I earn around £14,000 p.a. Wife earns around £10,000 p.a.

Expert:  Clare replied 4 years ago.
Hi
Who has been the main carer of the child until now?
Claire
Customer: replied 4 years ago.


Hi Claire, We both look after him.


Thanks,


Paul

Expert:  Clare replied 4 years ago.
Hi
Do you both work?
Claire
Customer: replied 4 years ago.


Yes we do

Expert:  Clare replied 4 years ago.
Hi
How do you share the care?
Claire
Customer: replied 4 years ago.


We are still living in same house at the moment


 

Expert:  Clare replied 4 years ago.
Hi
What hours do you each work?
Claire
Customer: replied 4 years ago.


i work weds-sat wife works tues-friday and sundays

Expert:  Clare replied 4 years ago.
Hi
Hours of work?
Claire
Customer: replied 4 years ago.


Wife 10am-4pm me hours vary on the days i work

Expert:  Clare replied 4 years ago.
Hi
Your wife cannot force you to leave the property immediately unless you are violent.
In the long term a decision will have to be made about who will remain in the matrimonial home and I am afraid that there is a good chance that she will get to stay there with both the children - with your having good contact with (or even shared care of) your child.
This is something that you need to try and negotiate with your ex using Family Mediation to find the best way forward for you both
Claire
Clare and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.


Hi Clare, What about morgage payments? do i still keep paying my half?


Thanks,


Paul

Expert:  Clare replied 4 years ago.
Hi
If you are living at the property then yes - if not then you should be paying Child maintenance from which you ex should pay the mortgage
Claire
Customer: replied 4 years ago.

Hi, I will be moving out of the property very shortly, And will be having our child stay with me half of the week. Do i still need to pay maintenance? because he will be living with me half the time.


Thanks,


Paul

Expert:  Clare replied 4 years ago.
Hi
Under the new CSA rules it MAY not depending on how exact the shared car eis.
However it is still possible that the CSA would make an assessment.
In addition the court (but not the CSA) can order you to pay maintenance for your step child.
You are going to have to discuss all the financial arrangements with your ex using Family Mediation (www.familymediationhelpline.co.uk) to decide what should happen to the matrimonial home
Claire

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