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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34473
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 am separated for nearly 5 years one son 13 years old. We

Resolved Question:

I am separated for nearly 5 years one son 13 years old.
We have 3 properties now;
1 house est value 245,000 no mortgage which my x and son live in.
1 flat est value 110,000 where I live with around 48,000 still to pay
1 house investment property est value 236,000 with around 110,000 still to pay.
During this time I have been overseas and paying 2,500 per month maintenance and paying the mortgage on the flat and investment house was let.
Now back in UK and looking to divorce nd I am claiming the profit from the house which my x agreed to.....she has now stated that if I sell the flat she wants half the proceeds. where do I stand?
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.
Are there any other assets and what income do you each have?
Clare
Customer: replied 3 years ago.


My income is now around 750 to 800 per week on contract terms


My x gets in the region of 650 per month.


She has a car worth around 7k of which i have paid 5k towards.


 


thats it

Expert:  Clare replied 3 years ago.
Hi
How much are you paying in maintenance
Clare
Customer: replied 3 years ago.

Whilst i was overseas i was paying 2,500 per month, now 1,000 till christmas then down to 850 per month.

Expert:  Clare replied 3 years ago.
Hi
Do you intend to transfer the home that she is living in to her?
Clare
Customer: replied 3 years ago.

yes given the values of all properties we agreed that she has the house she is living in and i get the flat and investment house to me.


 


She has now stated that half the money from any sale of the flat should go in trust to my son.


 


I am not looking for a legal answer, but just some idea of what each of us is expected to give the other.


 


thanks

Expert:  Clare replied 3 years ago.
Hi
The starting point for division of the assets is 50/50 making the agreement you thought you had reached a reasonable one.
However the difference in your incomes means that not only are you liable for child maintenance (at 12% of your GROSS income) but also for spouse maintenance.
If you wish to no longer be liable for Spouse Maintenance then offering her half of the capital from the flat would be one way of achieving this
I hope that this is of assistance - please ask if you need further details
Clare
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