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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
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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Seperation/divorce

Customer Question

Me and my husband are seperating. We have a 8 month old baby. Will I be able to get full residency while he is still a baby? With my husband having contact in the day? Or what is the most likely outcome? Also he owns and pays for the flat we live in. What will likely happen in regards XXXXX XXXXX and maintenance.
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.
Who has the day to day care of the baby at the moment?
How much is the flat 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.
Hi, Thanks for your response. I do the day to day care while my husband works Monday to Friday , I would say I am the primary carer and be helps at weekends. He owns the flat and pays the mortgage . It is worth roughly £220000 and he has about £90000 outstanding on the mortgage. He bought the property prior to our marriage. We have been married since August 2012. He has about £50000 in savings although maybe he has now transferred these possibly to someone else. He earns around £44000 but some of that is commission he gas a £28000 basic. I am a teacher but am on maternity leave so currently have no income. I am returning 1 day a week till the summer but will only earn around £120 a week for 13 weeks. I'm not sure beyond that I will probably work oart time earning a small amount. I have a car worth £4000 ( I bought this with half our wedding gift money - he has the other £3000 and I have a debt of £1000 he has no debts.
Expert:  Clare replied 2 years ago.
Hi
How much would a two bedroom property cost to buy?
Clare
Customer: replied 2 years ago.
Do you mean his much did he buy it for originally ? If so I think £180000 and I think it's worth about £220000 now. Otherwise I imagine a 2 bed property would be about the same to buy. I could rent a 2 bed property for sound £1000 a month.
Expert:  Clare replied 2 years ago.
Hi
You have an absolute right to remain in the matrimonial home so long as you are still married.
In addition since you are the main carer of the child it is likely that the family court will allow you to remain in the property until your child is 18 (or you cohabit) at which point you are likely to receive between 505 and 60% of the equity
He will have to pay 12% of his total GROSS income as Child maintenance and is likely to also have to pay limited spouse maintenance until you are able to return to work - this could be in the form of helping to pay the mortgage
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare, thanks for this. I assume you mean that me staying in the matrimonial home would mean remaining living together with my husband until our baby is 18 not just me remaining in the property? If I moved out sooner say in the next few months would I still be entitled to the equity? Many thanks.
Expert:  Clare replied 2 years ago.
Hi
I am sorry I should have made that clear - I meant YOU living ALONE in the property with the baby
Clare

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