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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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When i met my partner he was separated from his wife as she

Resolved Question:

When i met my partner he was separated from his wife as she had been unfaithful. She is now telling him that she has been told by a solicitor that she can take him for every penny - meaning the house and he would also have to support her. She works full time - they have no children together and even though a joint mortgage - he is the one that pays it. Please can you advise if what she says is true. For the past 4.5 years he has paid the mortgage still and some of the household bills - i have had to support both of us whilst he does this. What is she truly entitled too - also she has credit cards in her name which she is now running up debts -  am i right in thinking that because solely in her name - he is not responsible. He is happy for her to stay in the house and continue with the mortgage until a time comes and either she moves on or they both agree too sell. He is only now refusing to 'support' her.

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 long did they live together and what income do they each have?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare

Here is the info you needed. They lived together for 5 years. His income is 24.000 plus he has an annual income of 11,000 from his naval pension. Her in come is in the region of 16,000, she also has a 'disability' payment each month but i don't know the amount...... this was from an accident she had many years ago before meeting him, she is not disabled as such, just sometimes has to walk with a walking stick. She works as a medical secretary and does 'private' work for the consultants and she earns 15% of what ever the consultant makes. The house is worth approx 139,000 and there is approx 69,000 outstanding.

He pays all the household bills and has been since he left including the mortgage. She gives him £355 per month towards them.

He has told her he will continue to pay mortgage and some of the household expenses.

Hope this is enough information.

Expert:  Clare replied 2 years ago.
Hi
How much does a one bedroom/studio type property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

On average a one bedroom / studio type property can start from 48,000 - so unless you go for the high end luxury apartments - i would say between 48,000 and 80,000

Expert:  Clare replied 2 years ago.
Hi
Then your partner is being very generous in not apply to force the sale of the property in any event.
The fact that he earns more than twice as much as his ex does raise an issue of spouse maintenance - bout only a limited one given the shortness of the relationship.
In addition her disability could be a problem - but a gain that is only likely to get her a slightly larger share of the equity - enough to ensure that she has say £50,000 with which to rehouse herself - but that would be in full and final settlement - no more payments to her at all
As things stand if he wishes to be generous and allow her to remain in the property paying half the mortgage and Buildings insurance would be ample
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Can i ask if he is happy for her to remain in the property and agrees to pay half of mortgage and buildings insurance or if he agrees to pay the full mortgage and buildings and she agrees to this.

Will he be liable for anything else - or if she stays there having the mortgage etc paid until such a time they both agree to sell or she moves on or in with someone else.

Can a official agreement be written whereby if he pays the full mortgage and buildings etc - he will not have to pay support or any other bills apart from if repairs/maintenance on the property.

Expert:  Clare replied 2 years ago.
Hi
Yes that would be more than generous and could form part of a Financial Order within divorce proceedings
Clare
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