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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
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 ex-wife has had a live-in boyfriend for over 2 years in

Customer Question

My ex-wife has had a live-in boyfriend for over 2 years in the former marital home. He had previously resided there for approximately another 18 months also, but left the home for a short period in-between. So in total he has lived 3.5 years of the last 5 years and is a permanent resident now and for the last 27 months.

Between them, my ex-wife and her boyfriend earn more than I do on my own.

As the former marital home still has to be sold and therefore become a significant part of the final financial settlement, my question is whether a Court would take into account the additional income that my wife's boyfriend brings in (as he contributes to the bills)?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
Are there any children involved?
Clare
Customer: replied 2 years ago.

Hi Clare


 


The house is worth around £450k. The outstanding debt is around 370k


 


I have a 15 year old that still lives with my ex-wife and stays with me part time (I have a room for her in my house). There is also a 21 year old living there part time (has independent means of income etc)


 


John

Expert:  Clare replied 2 years ago.
Hi
What relevance do you think that her partners income has - is your ex asking for Spouse maintenance?
Clare
Customer: replied 2 years ago.

she wants a clean break


 

Expert:  Clare replied 2 years ago.
Hi
What offer of settlement has she made?
Clare
Customer: replied 2 years ago.

she wants 80% leaving me 20%


 

Expert:  Clare replied 2 years ago.
Hi
What other assets are there including pensions?
How much does a two bedroom property in the same general area cost to but.
What income do you each have - including her new partner
Clare
Customer: replied 2 years ago.

My pension is minimal. I think its only got a fund of around £80,000. I have not contributed for many years. My ex wife's is worth more as she will have a full teachers pension at retirement.


There are no more assets to take account of other than shares worth £30,000 in my name.


a 2 bed property (houses) averages at about £170k (70,000 at the very low end and up to around 270,000)

Expert:  Clare replied 2 years ago.
Hi
And incomes?
Clare
Customer: replied 2 years ago.

My ex wife earns around £38,000 per annum. Her partner earns about £40,000 - they are both teachers on full teachers pension rights.


 


I am self employed with an up and down income. lately it has been quite good but average is about £60,000 per annum.

Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

divorce finalised a long time ago without financial settlement due to the non-sale of property that all things rest on


 


 

Expert:  Clare replied 2 years ago.
Hi
Is there a problem with the sale of the property?
Clare
Customer: replied 2 years ago.

only that it is being marketed at a rather higher than market price

Expert:  Clare replied 2 years ago.
Hi
Is that what the Estate agent says
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
Just to check - have you remarried at all?
Clare
Customer: replied 2 years ago.

yes and my new wife and i have a dependant child aged 14. My wife does not work. We receive some maintenance from his father

Expert:  Clare replied 2 years ago.
HI
Sadly that limits the options that you can take.
You can apply to the court for an Order for sale using Property law as a joint owner and ask for a 50/50 division of the proceeds
The Court can set the sale price if need be.
Your ex can still apply to the court within the Divorce proceedings for a settlement that gives her a larger share of the proceeds of sale
HOWEVER given the fact that she has a cohabitee it is unlikely that she will in fact get more than 50% of the equity - which is the only way that her partners financial settlement will impact on the situation
I am sorry not to give you better news - but please ask if you need further details
Clare
Customer: replied 2 years ago.

thank you

Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well
Clare

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