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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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HiMy wife and I have a 4 month baby but don't think our

Customer Question

Hi
My wife and I have a 4 month baby but don't think our marriage is working. We've been married for almost 3 years
What are my rights on my baby? Can I see her? Do I have any hope of residency?
We live in my sisters house - does my wife have any rights over it? (My sister doesn't live with us.. She just lets us rent it for free)
I'm assuming interms of assets we own it would be 50:50?
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.
Do you have a formal tenancy agreement?
What assets and income do you each have - and who has the day to day care o fthe baby?
Clare
Customer: replied 2 years ago.
No tenancy agreement (although could put one in place if needed)
Day to day care - my wife is currently on maternity leave.
I have a house which I part own with a family member (not my wife)
We both have pensions
I have about 10k of stock
I have a business currently valued at 15k (it's a start up)
My wife owns a house with her dad
We have 10k cash in our joint bank account
Expert:  Clare replied 2 years ago.
Hi
How much are the two houses worth and why do you not live in one of them?
Clare
Customer: replied 2 years ago.
Mine is worth £600k
Hers is worth £150k
Expert:  Clare replied 2 years ago.
Hi
Are there mortgages on those properties?
if so how much?
Why do you not live in one of them?
Clare
Customer: replied 2 years ago.
Mine there issues £400k mortgage
Hers I think 70k
Her one is 3hrs away and was an investment by her dad
Mine - my parents live in it so didn't want them to have to move
Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper two bedroom property in the general area cost to buy?
Clare
Customer: replied 2 years ago.
250k
Expert:  Clare replied 2 years ago.
Hi
Where do you think your ex would wish to live?
Clare
Customer: replied 2 years ago.
Assume back with her parents
Or possibly a flat locally
Expert:  Clare replied 2 years ago.
Hi
Who do you share ownership of your property with?
Clare
Customer: replied 2 years ago.
With My sisters brought IT before I got married
Expert:  Clare replied 2 years ago.
Hi
How much is your share worth?
Clare
Customer: replied 2 years ago.
50%
Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to have contact with both parents and the courts will enforce it if necessary.
You and your wife will be expected to discuss and resolve between you how your child will share her time between you - using Family Mediation if necessary
www.familymediationhelpline.co.uk
If no agreement can be reached then an application will have to be made to the Court for a Child Arrangement Order to resolve the issues.
With regard to the property since you have no financial claim on it then your wife can have no claim on it - although she certainly has the right to remain there so long as you are married - and possibly even longer.
However the family court will be seeking to ensure that the child is securely housed - which generally means a house owned by you or your ex or both.
Given your substantial assets there could be a risk of your having to make a capital payment to help her rehouse herself and the baby.
However again you can try and negotiate this using Family mediation
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
So do I need to pay for all her housing? Does this include all her bills?
Do all my assets get split 50:50? If so do I still have to give her an additional capital payment?
Could I kindly ask for a little more detail?
As a father would I be able to get residency of my child?
If my wife stays in the property whilst we are married - does she have to pay? Or does she stay for free? What if my sister wanted to rent it out?
How long would it take for a divorce to go through?
Customer: replied 2 years ago.
Relist: Answer quality.
Pls can I get more detail and a clearer understanding?
Thx
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
You certainly do not need to pay for her housing and bills - you will have to pay child maintenance - spouse maintenance is a possibility depending on her ability to work and your relative incomes.
There is no question of your assets being split 50/50 as yours is a short relationship - even though there is a baby involved
However the housing needs of the child and thus the mother are an issue and may mean that some of your assets will be tied up until your child is 18 or your ex has a new partner. However this is not set in stone - and is an area where you may be able to negotiate a small one of payment instead.
There is no longer any concept of Residence - you and your wife are expected to agree a pattern of care that means that you both have time with the child - in the event of a dispute however the fact that the baby is so small means the mother is likely to be seen as the principle carer.
So long as she is married she can live in the matrimonial home - it is an issue for your and she and your sister to resolve - but if your sister has not charged rent to date she cannot now do so
Clare

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