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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34510
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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Hello I have recently separated from my husband due to his

Customer Question

Hello I have recently separated from my husband due to his infidelity, we have a mortgage & a 8yo son. Where do I stand on financial matters?
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Yes I'll continue to wait
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare a
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 3 years ago.
Hi Clare,
Our mortgage is £52k & our house is worth £135k. My annual income is around £14k & husbands is around £15k pa.
We don't have any other debts or assets just regular household bills
Kelly
Expert:  Clare replied 3 years ago.
Hi
Who has the day to day care of the child?
Clare
Customer: replied 3 years ago.
Me
Expert:  Clare replied 3 years ago.
Hi
Does your ex intend to move out
Clare
Customer: replied 3 years ago.
Yes he has already
Expert:  Clare replied 3 years ago.
Hi
In that case he should be paying 12% of his GROSS income by way of Child Maintenance
He cannot force the sale of your home until your child is 18 unless you co-habit - and when the house is sold you should be able to argue that you should receive a 60/40 share of the equity
If you can release him from the mortgage and take it in in your sole name then you should certainly try and do so
You can negotiate the settlement on the house using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare