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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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1. separated from my wife seven years. 2. We have two children

Resolved Question:

1. separated from my wife seven years.
2. We have two children 15 year old living with mum in Bristol and 17 year old living with Dad in London.
3. Wife worked for 6 months whilst living with me.
4. wife is currently working part-time and getting other housing benefits.
5. Wife has never contributed anything financially in the family home whilst living with me or since she left family home.
5. I've been paying regular maintenance since she left the family home.
6. What percentage of the property will she be entitled to.
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 property worth and how much is outstanding on the mortgage?
What other assets and debts are there?
How long were you living together?
Clare
Customer: replied 3 years ago.
Hi Clare, thanks for regponfing;
the property is worth £390000; and owe around £327000. I have no other assets to my name.
Outstanding loans include:
TSB £13000
Morgage company arrears of £3000
Water rates arreas £1000
Council tax areas of £3000
Other loans total ) & £15000
I can complete a Form E for you if this would easier to assess my finacial situatio.
I hope this is helpful
Thanks Mike
Expert:  Clare replied 3 years ago.
Hi
Is your 17 year old still in education and when will be 18
What were the loans used for?
Clare
Customer: replied 3 years ago.

Hi Clair,


 


My daughter Rea is 16 and will be 17 in June. She is in full time education, currently doing her A Levels.


 


1. The loan first loan was to help my wife purchase her first car.


2. I also received loans for other household items.


3. I have a secure loan against the property. I owe around £25000 which was taken out in joint names. I have included this money in the overall outstanding money owed on the property.


4. The other loans totaling £15000 is a mistake, what it should read is £15000.

Expert:  Clare replied 3 years ago.
Hi
Number 4 does not make sense!
Clare
Customer: replied 3 years ago.

Sorry Clare


 


Number 4 should have read £1500 and not £15000

Expert:  Clare replied 3 years ago.
Hi
Thank you - what income do you each have?
Clare
Customer: replied 3 years ago.

My wife earns around £6.50 per hour. My wife works a total of 16 hours per week and she is supported by the state with her housing & working tax credit; My wife also also receives child benefit for our 15 year old daughter. she receives around £10 per week.


 


I am am a self employed Independent Social worker. Dependent on my contract i could earn anything between £30 to £45 per hour. I work full time (37 Hours) unless i am completing a specific project.


 


I

Expert:  Clare replied 3 years ago.
Hi
What was your gross income last year?
Clare
Customer: replied 3 years ago.

Hi Clare


 


My Gross last year was around £35000.

Expert:  Clare replied 3 years ago.
Hi
Given the length of the relationship the starting point for division of the assets is 50/50.
Given that you have one of the children with you it is unlikely that the court will stray far from this starting point
Your worst case scenario is that the courts will not take account of the loans in your sole name
It is unlikely that the courts would force a sale of the property prior to the 18th birthday of the child living with you.
I hope that this is of assistance - please ask if you need further details
Clare
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