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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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My wife and I, made a joint decision 3 years ago, when we had

Resolved Question:

My wife and I, made a joint decision 3 years ago, when we had our second child that I would give up my managers job, to be our children's full time carer, and work part time. She became our families main income.
Nine months ago, she left our family home, and rents a flat, but is still paying the mortgage on our house.she now says that, she can't afford to pay for her rent and the mortgage on the house that my two children and I live in. She has said to me, that I either pay half the mortgage, move out and live with my mum in a two bedroom static home and, she moves back in the house or, we sell the house. Because of looking after our children, who are 6 and 2 years old, I can't afford to pay half the mortgage at the present time. My mums static home is not big enough for me to move in with my two children. If we sell the house, I will have know where to live and do not earn enough money to rent. Can you please tell me my rights, and how much I should be contributing to the mortgage?
Thank you for any help you can give me.

Mark wade
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 capital assets are there and what income do you each have?
Clare
Customer: replied 3 years ago.
Hi Clare,

I don't have exact figures but, the house is approximately worth £170,000. Owing on our mortgage is approximately £146,000. My end of year p60 was £7500. My wife earns approximately £32,000 a year.
Expert:  Clare replied 3 years ago.
Hi
What benefits have you applied for and what is the monthly mortgage payment?
Clare
Customer: replied 3 years ago.
Hi,

I receive family and child tax credit. The mortgage is £700 per month.
Expert:  Clare replied 3 years ago.
Hi
What is your ex's net monthly income?
Clare
Customer: replied 3 years ago.
Good morning,
My ex's monthly income is approximately £2300. She also gets a bonus but, I don't know how much that is.
Expert:  Clare replied 3 years ago.
Hi
How often does she have the children overnight?
Clare
Customer: replied 3 years ago.
Hi,
She has them Monday and Tuesday nights, Saturday and every other Thursday. I have them the rest of the time, and during the day on the nights that she has them. I also take my eldest to school every day and, look after my 2 year old every day.
Expert:  Clare replied 3 years ago.
Hi
So three nights one week four nights the next?
Clare
Customer: replied 3 years ago.
Hi, yes. Three nights one week and four the next. This only started happening two weeks ago. Before then, I had them four nights every week, and also if they were ill, she would bring them to my house.
Expert:  Clare replied 3 years ago.
Hi
Are the children happy with this pattern?
Clare
Customer: replied 3 years ago.
Yes, it is now what they are used to.
Expert:  Clare replied 3 years ago.
Hi
I meant the new pattern?
Clare
Customer: replied 3 years ago.
Well, they seem ok with it, but kids are very good at hiding how they feel. My eldest said to me, since my wife has been seeing another man, that he only wants one mummy and one daddy. it's not ideal, having a day hear and a day there.
Expert:  Clare replied 3 years ago.
Hi
Who cares for the youngest child while your ex is at work?
Clare
Customer: replied 3 years ago.
Hi, I do. I look after my youngest, and take my eldest to school and pick him up, every day.
Expert:  Clare replied 3 years ago.
Hi
So when she has them overnight what actually happens?
Clare
Customer: replied 3 years ago.
They stay with me Sunday night, and I take my 6 year old to school, and look after my 2 year old in the day ( I do this every week day mon to fri). When I pick up my eldest from school, I take them to my mother in laws, so I can go to work. My ex picks them up at 6 once they have had there dinner, and takes them back to her flat for the night. She then brings them back to me at 7:30am so I can give them breakfast and get ready to take my eldest to school.the excact same happens on Tuesday night. On a Saturday she picks them up from me roughly about 11am, depending on if she has something to do first( i.e shopping, hair dressers etc). She has them until 3pm Sunday, when I finish work and, they come home with me.
Expert:  Clare replied 3 years ago.
Hi
What are your working hours?
Clare
Customer: replied 3 years ago.
Hi,at the moment I work 3 days per week. Monday 3:30pm until roughly 11pm and the same on a Tuesday. On Sundays I work 8am until 3pm.
Expert:  Clare replied 3 years ago.
Hi
So her having the children those nights works for you?
Clare
Customer: replied 3 years ago.
Hi, yes, it works for me.
Expert:  Clare replied 3 years ago.
Hi
The problem is that financially it is also very convenient for her
Since over a fortnight you each have the children seven nights a week she does not have to pay you any child maintenance
However the difference in your incomes means that you can make a valid claim for spouse maintenance - but that is unlikely to be enough to cover the whole mortgage - and she does not have to pay the mortgage at all if she does not live there
Having said that without you your ex would have very substantial child care costs so it would be sensible to try and negotiate matters with her using Family mediation (www.familymediationhelpline.co.uk) so that you can look at all the options.
Whilst your ex will struggle to force a sale of the property - it is far from certain than your ex can be forced to pay the mortgage
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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