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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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I have separated from my wife,it was my choise but she still

Customer Question

I have separated from my wife,it was my choise but she still lives in the house we own together,we have 2 kids,am i still legally bound to pay my part of the mortgage even though i know longer live,where do i stand legally on what i need to pay out,mortgage,kids etc? i now live another partner and although access is not denied she refuses to let me take the kids to my new home with my new partner.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
How much do you earn after tax each month and how much are you paying to your ex?
How old are the children and how often do you see them?
Claire
Customer: replied 3 years ago.
I earn between £1800 and £2000 per month,I was paying £1160 when I lived there I changed to £800 last month but want to make it £600 this month,I see them on a Wednesday and a Saturday overnight but my ex now doesn't want them staying overnight where I live just now, the kids are 5 and 8.
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage and what income does your ex have?
Claire
Customer: replied 3 years ago.
Prob £160k not sure and im sure there's still 20 odd years to pay sorry not sure,she was working park time up until recently earning £1000 per month,she is now out of work as the company she worked for went into liquidation,think she starts a new job this month
Expert:  Clare replied 3 years ago.
Hi
What is the monthly mortgage payment?
Claire
Customer: replied 3 years ago.
£770 per month
Expert:  Clare replied 3 years ago.
Hi
The only payment that you have to make is Child Maintenance at 20% of your net income (at most)
It would certainly be reasonable to contribute towards the mortgage for a short period whilst your ex makes other arrangements and settles into her new job - in the long run it is likely that you will be on the mortgage until your youngest is 18 unless your ex cohabits in the mean time.
Assuming that it has been a while since you separated and this is not a new partner then it is reasonable to want the children to stay overnight at your new home.
These are issues that you should discuss with your ex using Family Mediation (www.familymediationhelpline.co.uk)
Claire
Customer: replied 3 years ago.
We only separated in October and I moved in with my partner this month.
Expert:  Clare replied 3 years ago.
Hi
How old are the children?
Claire
Customer: replied 3 years ago.
8 and 5
Expert:  Clare replied 3 years ago.
Hi
Then overnight contact with your new partner may be a little early at this stage - at mediation you may be able to agree a timetable for this
Claire

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