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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
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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Me and my wife have split up. I have three children which I

Resolved Question:

Me and my wife have split up. I have three children which I am paying for each month. There is 50k equity in the property. my ex has told me I am not entitled to my half as my children live there. She has offered me 20k. Where do I stand
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 old are the children, how much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there including pensions and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare,


The children are 6, 5 & 3.


House is worth £123.950


Mortgage remaining is £76.000


All dept is in my name on my credit cards ! Things purchased for the children the ex wife , house and me


I earn £28.600 per year un sure of her earnings as she works part time two days a week. No pension at present

Expert:  Clare replied 2 years ago.
Hi
How much is the debt?
Clare
Customer: replied 2 years ago.

Afternoon,


 


Credit card dept £5100


Personal loan for the car she drives balance £632.00


Interest free credit for sofas balance £450.00


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
Does your ex have a new partner living with her?
Clare
Customer: replied 2 years ago.

She says she started seeing him three/four weeks after we separated. We split on 13/02/14


He now seems to spend most of the time staying there overnight etc


He has his own flat he rents but cloths etc are at the house that I once lived in.

Expert:  Clare replied 2 years ago.
Hi
Does he work?
Are you considering divorce proceedings?
Clare
Customer: replied 2 years ago.

He does work full time. We will get divorced but not yet we don't seem to be in any rush at present. I just need to buy a new house. I had my own place before we met 13 years ago. I need as much as possible from the marital home so I can put a large deposit down on a new place.


 


She has told me I am not entitled to 50% of the equity and she can have some of my pension.


 


All she seems to be doing is trying to keep her outgoings down and does not won't to pay me more than £20k


 


She is getting single mothers benefits plus the money I pay in to her account plus her earnings and she has no dept as that was always in my name.


 


She is now paying the mortgage and the bills but I have paid them all for the last 10 years we have been in the property.


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
How will she obtain your release from the mortgage?
Clare
Customer: replied 2 years ago.

At the point she buys me out we will have to arrange paperwork for me to sign

Expert:  Clare replied 2 years ago.
Hi
I appreciate that but the question of how she will obtain your release is very relevant.
Your ex is correct.
You cannot force a sale of the property until your youngest is 18 or your ex cohabits
She does also have a claim on half of the pension that has accrued whilst you have been married
On that basis you may feel that losing £5000 is worth it to have your money immediately and keep your pension safe.
However if she is obtaining your release form the mortgage because her new partner is taking it over then there is no reason why you should not receive your full 50%
You should try and discuss this with her using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
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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