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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
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Experience:  Moderator
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Hello, I am Swedish and me and my partner are not married

Customer Question

Hello,
I am Swedish and me and my partner are not married but we have two children and a house with a mortgage. If we were to divorce, where does that leave me financially?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
When you say "divorce" I assume that you mean separate?
How old are the children and who will they live with?
What income do you and your partner each have?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Hello Clare,


Yes … sorry …as soon as I sent the message I realised I hadn't been very articulate.


 


I meant separate. The children are 4 and 7. I hope they would live with me but I'm sure my husband would dispute it.


I freelance and earn 1300 before tax a week but the about I work varies. This year I haven't worked at all and last year I worked full time all year. My husband freelances too and earns 2000-2300£ a week. The about of work he does varies as well but lets say he does 9 months on average 77000£ approx.


 


Our house is worth 900.000 and we have 230.000 left on our mortgage.


 


Not being married, would I be allowed to take the children to Sweden. Divorced, I have no support here and a big family in Sweden.


 


Thanks, Lotta


 


 

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost?
Clare
Customer: replied 3 years ago.

About £900.000

Expert:  Clare replied 3 years ago.
Hi
Is there nowhere close to the schools that would be cheaper?
Clare
Customer: replied 3 years ago.

No, unfortunately not. Out of interest, why am I being asked this?

lotta

Expert:  Clare replied 3 years ago.
Hi
It is relevant because the fact that you are not married gives you very limited claims on your ex in the event of a separation
He does however have an ongoing duty to help you house the children until they are 18 - and if that means you remaining in the property - or receiving more than 50% of the equity in order to move then that is possible - although eventually when the youngest is 18 the hose will have to be sold or the excess equity used repaid.
If he can show that a sale would if nothing else release him from the mortgage whilst still allowing you to house the children then a court could order it
He has an ongoing maintenance liability of approximately 14% of his gross income
You cannot take the children to Sweden without his agreement or an Order from the Court
I hope that this is of assistance - Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank You,


that's great.


Very helpful,


Lotta

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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