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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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The mortgage and house are in my name. I pay all the bills.

Resolved Question:

The mortgage and house are in my name. I pay all the bills. If I split from my wife what rights does she have to the house. There are four children living with us only one is mine.
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 long have you lived together and how old are the children?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 3 years ago.
I am martins mother and concerned about situation. They have been together 6years. Married 6years. Children 12 , 9 , 7 , and 3. House is worth 95k but my son has it through housing ass and pays rent and mortgage on 75 percent of it. Mortgage outstanding is 60k. No other assets. Income of son 21k. Wife has about 1000-benefis and carers allowance as 7yr old has Austim. Care about kids and wanted to know if my son moves out and still pays mortgage does he still have claim to house. If wife moves out does my son have to pay her for house. He will of course pay maintained on 3yr old his son.
Expert:  Clare replied 3 years ago.
Hi
Sorry - for clarity - is it worth £95,000 in total - and does your son own 75% of it?
Clare
Customer: replied 3 years ago.
He has a shared ownership. He owns 75 percent which he has a 60k mortgage for.
Customer: replied 3 years ago.
Yes
Expert:  Clare replied 3 years ago.
Hi
Thank you
The priority for the Family Court is the safe and secure housing of the children of the family until they are 18
On that basis I am afraid that in the event of a dispute the court will allow the mother to remain in the property until their child is 18 - at which point the property may have to be sold and the proceeds divided between them - possibly on a 50/50 basis - possibly with her receiving 60% of the equity.
He will have to pay maintenance for his child at 12% of his gross income - it is unlikely that he will also have to pay the mortgage.
I hope that this is of assistance - please ask if you need further details
Clare
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