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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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 separated from my husband for 5 years we have 2

Customer Question

I have been separated from my husband for 5 years we have 2 children 7 and 10. I am in the family home. He pays 20 per cent of his pay for the children monthly. I gave up work to have the second child and now am back at work part-time 3 days a week. We both pay half the mortgage which is 60,000 at the min. What am I entitled to I want to divorce and finalise agreement as every month we squabble over money.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
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/
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

The house is worth 230,00 we have a 16 year mortgage left of 60,000.


Everything else is now separate. We have no debts. There are two cars which we both own one of. His is worth 10,000 mine is worth 2,000. He has some savings as he has been able to save whilst we have been apart. My estimation is 20,000. I have 3,000. I earn 20,000 he earns 47,000. I have the children 6 days a week - he sees them on a Friday night and brings them back Saturday. I take them to Ireland all of the Summer and Easter holiday. We are both teachers.


 

Expert:  Clare replied 2 years ago.
Hi
How much is the monthly mortgage statement?
Clare
Customer: replied 2 years ago.

447

Customer: replied 2 years ago.
Relist: Other.
Still waiting for a reply
Customer: replied 2 years ago.

£445

Customer: replied 2 years ago.

Relist: Other. Still waiting for a reply

Customer: replied 2 years ago.

£445 per month - £225 paid each on mortgage

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
technically all he has to do is pay the child maintenance.
You are on the cusp of eligibility for spouse maintenance - which makes his paying half the mortgage borderline generous (I say borderline because frankly this is an area where the law and what is fair are not necessarily one and the same)
With regard to the property the priority for the court is the safe and secure housing of the children until they are 18.
accordingly unless the property can be sold and realise sufficient capital to allow you to rehouse yourself and the children AND release capital for your ex - then no sale would be ordered
When the house is sold I would expect you to receive at least 60% of the equity - possibly as much as 70% if you given up any claim for spouse maintenance
I hope that this gives you a guide - but do please ask if you need further details (as well you might)
Clare

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