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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
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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I left my job and moved from Manchester to London last October

Customer Question

I left my job and moved from Manchester to London last October to live with my partner and we bought a new house in November. As I was not working I am not on the mortgage for the new house but on the title deeds. We married in April this year and I am now expecting a baby in December. His boys, now my step sons are proving difficult to live with and my husband is now drinking a lot and becoming very difficult to live with. He regularly threatens to throw me out and says I have no rights over the house, plus as I am pregnant now it is will be difficult for me to find a new job as a chartered surveyor. What are my legal rights over the house and his assets, plus he says he will not pay for the child once born.
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?
Clare
Customer: replied 2 years ago.
The house is worth circa £2million. We bought it for £1.8m and the value has rised dramatically.

The mortgage is for £1 million.

I was making a substantial salary in excess of £200k, before I left my job and now not working and he is putting me through his company as a PA and paying me net £3,000 per month which only started in January. Still need to pay loans I have for £8k and my car etc with this. As part of this I look after his 3 step children who are 11,16 and 19. I also have an 8 year old who moved up to Scotland to live with his father (my former husband)18 months ago. I have to fund flights up to see my son and my now husband is prohibiting my son from moving in with us, as he is concerned that it is not the right thing for his children. No consideration is being given to me or my son.

He has threaten to stop the allowance too and simply says he will through me out with nothing and sue me if I terminate our baby, as he knows the baby will prohibit me from working and I only have £25k worth of savings.

He has really shown his true colours since we have got married and I feel as if my life is a bit of s shambles at the moment and I wish to take control.

I look forward to hearing your thoughts.

K
Expert:  Clare replied 2 years ago.
Hi
What capital did you bring to the relationship?
How much would you need to rehouse yourself with or without a baby?
Clare
Customer: replied 2 years ago.
I brought no capital into the relationship, apart from my furniture.

I would want half the equity in the house circa 500k, to allow me to buy a house in Scotland close to my parents, as I would be unable to work for sometime.

Without the baby, well, I am now 13 weeks pregnant, so not planning to terminate, unless something goes wrong / I have complications.

K
Expert:  Clare replied 2 years ago.
Hi
That is a large amount - is it not possible to purchase a cheaper three bedroom property in the area?
Clare
Customer: replied 2 years ago.

Really looking for advice on what I am actually entitled to legally.


 


Can you confirm please, is there a formula ect.


 


I think 500k is fair, as I am giving up my ability to make a 200k salary per year and I need savings etc,plus he can work easily and generate income for himself.


 


Do I have any entitlement to the house and can he simply just throw me out?


 


K

Expert:  Clare replied 2 years ago.
Hi
He cannot force you to leave the property (unless you are violent) - but I am sorry but the short nature of your relationship and the fact that you dod not bring any capital to the relationship means that you certainly do not have a claim on half the equity in the property or other assets.
The starting point for the court would be to put you each back to the same financial position you were in at the start however given the pregnancy it is likely that the court will instead look at your "reasonable needs" for a modest three bedroom property in the area in which you wish to live.
He will have to pay child maintenance no matter what he wishes and the new rates are set out here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
There may be some entitlement to spouse maintenance because of the pregnancy - but if you have been a working mother in the past then there will be an expectation that you could be again.
I hope that this is of assistance - please ask if you need further details
Clare

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