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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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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Hi, Im looking for some advice. My husband and I have separated,

Resolved Question:

Hi, I'm looking for some advice. My husband and I have separated, he moved out of our jointly own house back in July 13 and currently rents a property not far from here. We have been together 14 years married for 8 and have 2 children aged 6 and 2.

At the moment I am in residence of the family home and the bills are jointly at the moment split between the two of us although my husband is asking me (once benefits are renewed) to look at the costs for him to lower his at some point I fear that the conversation is going to be had in reference to the house and I just want to get an idea as to where I stand and for my and my childrens rights?? If any??

Many Thanks
Liesa
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 an dhow 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, we brought the house for £360k outstanding is about £227k my income is £14748 and I have tax credits and child benefit as well. My husband earns about £55k before any taxes.


 


Regarding debts etc the only thing would be my car, I have a financial agreement for 3 yrs. Value of Assets?? I'm not entirely sure the usual things I guess, jewelry, paintings but nothing of a large substantual value.

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper three bedroom property in the same general area cost to buy?
How much is he contributing to the household at the moment?
Clare
Customer: replied 2 years ago.

Just had a brief look on rightmove and roughly £300 - £325 within the same area, so not cheap :( the problem I have is I'd ideally need to be near my daughters school as I really don't wish to move her. I think she's got enough to deal with with us separating.


 


His payments at the moment is £1100

Expert:  Clare replied 2 years ago.
Hi
The priority for the Family Court is the safe and secure housing of the children until they are 18 - so it is unlikely that a sale of the house would be ordered before your youngest is 18 unless you cohabit in the mean time
When the house is sold it is likely that you would get a 60/40 share of the property - possibly more if you make no claim on any pensions that he has
He has a child maintenance liability in the region of £650 a month
You are also entitled to spouse maintenance - although you may trade that for a larger share of the property when it is eventually sold.
All of this can be discussed with your ex using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for that. The £650 payments are alot lower than what he currently pays so can see why he wishes to reduce. Does this maintenance cover just the children or his responsibility for the house/mortgage too?


 


Spouse maintenance?? do you know how that is calculated and am I right in assuming as with the house this would be for the duration until youngest turns 18 or I meet someone else??

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you are expected to pay the bills from your maintenance and other income - he has no separate liability to pay the mortgage and house bills.
Spouse maintenance is needs based - but given the difference in your incomes £500 a month is not unlikely
When it stops is much less clear - although it automatically stops on remarriage - and usually
on co-habitation
Clare
Customer: replied 2 years ago.

Ok thank you, XXXXX XXXXX things alittle clearer for me. Such a daunting thing and I just want to be prepared for when/if the time comes.


 


Thank you.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope you are able to negotiate matters successfully
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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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