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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 been with my hasband for 21years, married for over 9.

Customer Question

I have been with my hasband for 21years, married for over 9. We have an 18 yr old son. Husband has said he is leaving me, i dont earn a greal deal but he does, will he have to support us financially?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What is your 18 year old currently doing?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Claire
Customer: replied 3 years ago.


Hi,


Our son is currenty in his 2nd yr of an apprentenship.


The house was valued in Feb of this yr and was valued at 220k.


The outstanding mortage is approx 90k.


My father, now deceased gave me 50k towards a house so I could buy it and Mum and Dad would live in as long as they needed to. Mum is 77 and in reasonable good health.


My net pay is 1k a month and my husbands is nearly 5k per month. We have joint savings of 55k. We have a car which he has on finance, think we owe about 13k on that. I have my own car.


Thank you


Sandra

Expert:  Clare replied 3 years ago.
Hi
How much is your other house now worth?
Claire
Customer: replied 3 years ago.


Approx 130k


 

Expert:  Clare replied 3 years ago.
Hi
Do you still receive Child Benefit for your son?
Claire
Customer: replied 3 years ago.


No, The big problem as I see it is the fact that I am nearly 51 and have supported my husband for the past 21 years, some of that time financially, but now he has gotten a well paid job and says he will let us stay in the family home, but i would not be able to afford to do this on my own.

Customer: replied 3 years ago.
Relist: Other.
person I was with seems to have gone offline
Expert:  Clare replied 3 years ago.
Hi
Since you son is over 18 you are no longer entitled to child maintenance I am afraid
However the difference in your earnings means that you are entitled to spouse maintenance - unless you opt to have the house instead in full and final settlement of your claims.
I say this because the starting point for division of the assets is 50/50 - and whilst I think the court may well disregard the property your mothers living in, the fact that you have it makes it more likely that that you will not get more than 50% of the other assets such as the house and the savings.
I appreciate that this is not the answer you wanted - and it may be that you would prefer to have the income rather than the capital!
I hope that this is of assistance - please ask if you need further details
Claire

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