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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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 have 2 children with my ex husband we divorced but never

Customer Question

I have 2 children with my ex husband we divorced but never financially settled or had a clean break, I have however remarried. My ex husband has only ever paid me £200 per month as maintenance for the children he has now put the ex marital home up for sale I am not on the mortgage but it was our 4th family home. Where do I stand legally? I have never made a claim on his private pension/state nor his business. Feeling confused! Many thanks
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 old are the children and how much does your ex earn?
Clare
Customer: replied 2 years ago.

hi they are 9 & 10 and he earns £75k pa...thank you

Expert:  Clare replied 2 years ago.
Hi
May I ask why you did not deal with the finances at the time of the divorce?
How often do the children spend the night in his care?
Clare
Customer: replied 2 years ago.

Hi Clare

my ex husband was very difficult when we split up and my father was terminally ill not long after I just didn't have the strength to fight at the time.

We have shared the care of the children 50% each from the time we split up which has now been 5 1/2 years the children are at school where he lives 20 miles away as they are better schools I commute 2 1/2 days a week to take them to school at my own cost.

Thanks

Expert:  Clare replied 2 years ago.
Hi
How many nights a week do they stay with you?
Clare
Customer: replied 2 years ago.

They stay with their father Monday/Tuesday - me Wednesday/Thursday and then we take turns every other weekend

Expert:  Clare replied 2 years ago.
Hi
What financial contribution did you make the house purchase?
Clare
Customer: replied 2 years ago.

We owned 4 properties during our relationship/marriage and I had a career break to have the children, each property I refurbished and then sold at maximum profit so I guess you could say that although I was on a career break I was still contributing refurbishing these houses.

Expert:  Clare replied 2 years ago.
Hi
Did you provide any cash payments of do any physical structural work yourself?
Clare
Customer: replied 2 years ago.

Hi

i dont really understand the relevance I had a career break from working within the industry, I did at times go back to work but my ex husband preferred me to stay at home with the children.

my experience and contacts within the industry enabled us to make informed decisions that would facilitate us making money in the property market

Expert:  Clare replied 2 years ago.
Hi
I am afraid that your remarriage excludes you from making a claim on the matrimonial home, his pension, or any other assets held in his sole name.
The fact that the children share their time equally between you means that in fact he does not have to pay you any maintenance whatsoever
I was hoping that there would be an option in property law - but sadly there does not appear to be.
I am sorry to have to give such bleak news - please ask if you need further details
Clare