How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Family

Customer Question

My partner  lives in the family home but live separate lives for financial reasons. It has been this way for a while now. We have decided that he should move in with me. He has an outstanding amount on the mortgage. I would prefer he insisted his family move into a new home that could be brought outright and he came to me with no debt. My concern is they have nothing in writing that says they are legally separated. It also concerns me that she could claim financially against me. 

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.
Is he married to his ex and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Yes still married and 3 children involved. Aged 21, 18 and the other nearly 16. House worth approx 800K and 180K left on the mortgage.

Expert:  Clare replied 2 years ago.
Hi
What income do they each have?
Clare
Customer: replied 2 years ago.

Him 120k and her 15k

Expert:  Clare replied 2 years ago.
Hi
What financial offer i she intending to make?
Clare
Customer: replied 2 years ago.

We don't know right now. Just wanted to understanding the risks, options etc. regarding our situation.

Expert:  Clare replied 2 years ago.
Hi
Just to check - are there any other assets and debts involved?
Clare
Customer: replied 2 years ago.

Just the house and the mortgage debt.

Expert:  Clare replied 2 years ago.
Hi
How much does a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Approx 400K

Expert:  Clare replied 2 years ago.
Hi
Has he got a private pension - if so does he have any idea how much it is worth and how long have they lived together?
Clare
Customer: replied 2 years ago.

Yes he does. No ideas as to the worth but they have lived in the same property for 20 years.

Expert:  Clare replied 2 years ago.
Hi
The value of his pension will be crucial - does he have a best guess or would you like me to give some general outlines?
Clare
Customer: replied 2 years ago.

some general outlines will be fine. Thanks

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delat
Given the length of the relationship the starting point for division of all the assets (including the pensions)
In addition he is liable for a substantial amount of ongoing spouse maintenance ON TOP of child maintenance for the youngest child
IF he wishes to avoid paying spouse maintenance then he is going to have to offer something in the region of 70% of the equity in the property
They should discuss the settlement using Family mediation (www.familymediationhelpline.co.uk)
Please be aware that she has no claim on your assets at all unless you allow your partner to invest in your property
I hope that this is of assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)