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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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,Ive recently separated from my wife as I found out she

Resolved Question:

Hi,
I've recently separated from my wife as I found out she was having an affair and I had to move out of the marital home while she took it on.

We now have the marital home on the market and have received an offer.
My problem is though, is that my wife is seeking a 70/30 split in her favour.

We have two children, one Boy/man (18) and a daughter (14)
My wife was supposed to have taken the house on but was living most of the time with the kids at her new partners home thus not maintaining the marital home.
She has spent most of the past year living at her new partners home and now lives
there full time, only returning to the marital home to escorts potential viewers around.

Her new partner is a director of a modest firm and earns a good wage, he also owns a large 5 bedroom house of which my wife and kids reside

My wife now earns more in a month than I do with benefits, wages and maintenance, I have paid every single maintenance payment towards my children (though now my son's maintenance has obviously stopped now because he's 18 and in full time employment.

I was with my wife for 24yrs, 17 of which were married, and 20 of which, we lived
together, in all that time I paid all the mortgage and bills.

So, my problem is, can she take me for 70/30???

I want it fair and cut straight down the middle, 50/50.

I would be very grateful for your help or advice

Many thanks

Mr G M Thorley.
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 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,

 

Thanks for replying.

 

The house is valued (and on the market) at £155,000

We have received an offer now of £147,500 with no chain......

The outstanding balance on the mortgage is £60,000 with no real other assets and no other debts.

 

I have two pensions, one with my present place of work, which my wife will have access to...

 

And one with my first job (National Coal Board) which has been frozen, that is in the process of been looked into by my wife's solicitors to see whether or not she is entitled to any of that too as I finished the Coal Board BEFORE we were married!!!

 

I have an annual net income of £21,000 and my new partner has only a part-time job consisting of 15 hrs a week....we live in a small detached house!!!

 

My wife however lives in a new big 5 bedroomed detached house with her partner who is a director of a modest firm....obviously I don't know his earnings and I'm not sure of my wife's either, though she has a part-time job as a medical receptionist working between 16 to 22 hrs a week, she also receives "child benefit" "CSA" "working tax and child tax credit" adding up to approximately £1,700 per month.

 

I hope this can be of more help???

 

Many thanks,

 

Gary Thorley.

Expert:  Clare replied 2 years ago.
Hi
have you discussed a Pension Sharing Order in respect of the current pension?
Clare
Customer: replied 2 years ago.

Hi Clare, nothing has been discussed about a "pension sharing order" in respect of my current pension at this present time, although I do believe she will be entitled to some of the pension anyhow.

Expert:  Clare replied 2 years ago.
Hi
Given that your ex is safely housed elsewhere and living with a new partner there is no reason why the court would award her more than 50% of the assets - including the pensions.
The only basis on which she would get more than 50% of the equity is if she gives up any claim to your pension - so at this stage simply stand firm
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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