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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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Hi Claire. I am married with two boys aged 14 and

Customer Question

Hi Claire. I am married with two boys aged 14 and 19. My wife and I have been married for some 19 years. We have had a difficult year where she has been continually getting upset and argumentative and has now asked me to move out. I am not sure where I stand with this and what would be the best course of action? Any advice would be much appreciated, John XXXXX

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.
What do YOU want to happen?
Clare
Customer: replied 2 years ago.

I am not happy in the marriage but at same time do not want to lose everything I have worked for. If I move out would it prejudice me with regards ***** ***** house and property. My 14 year old son I would want to see regularly or have stay with me for couple of nights per week but my wife says I would only be able see him every other weekend - my son would want see me much more than that. My eldest son would do what he wants. Ideally I would want sell the house and go our separate ways and I would help family as best as I could. If my wife says I have to move out, am I then obliged to do so or can I say that I want all of the arrangements to be worked out and agreed first.

Many thanks

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare

The house is worth circa £375K and rising and mortgage is £241K.

Regards, John

Expert:  Clare replied 2 years ago.
Hi
How much would a two bedroom property in the same general area cost to buy - and what income do you and your ex each have
Clare
Customer: replied 2 years ago.

Hi Clare

Just looking at prices and my property is probably nearer £400 - £425K

A two bed property is circa £300 - £325K

My salary is £72,250 + 10% pension and PMI.

My wife has been fostering two young boys for last few months but is likley to end in next couple of months and my wife wants to give fostering up and has now trained to be a celebrant, but has not started working at this as yet.

She would probably have to sign for benefit to begin with until her new career starts.

Best regards

John

Expert:  Clare replied 2 years ago.
Hi
What qualifications does she have - what could she earn if she wished to?
Clare
Customer: replied 2 years ago.

Hi Claire

She has done some TEFL (Teaching English to Foreign Students) where students come to the house for week or two to learn English - though this is sporadic and maybe 6-10 weeks pa max.

My wife has also done fostering from time to time. before the current placement she had not fostered for 3-4 years.

My wife has trained as a celebrant and if goes reasonably well she should earn £20K - £50K pa (for funerals she gets circa £200 and for weddings circa £400) - bit difficult to predict.

Her plan is to hold onto the house with my two sons, but not sure that would prejudice me as I purchased the property and have always paid the mortgage while my wife largely raised our sons.

The mortgage is in both our names as I wanted to give her security in the event of an early demise.

Best regards

John

Expert:  Clare replied 2 years ago.
Hi
Moving out of the property will not change your rights to, or your claim on, the property.
It is unlikely that you will be able to force a sale of the property until your son is 18 - at which time it will be sold and the equity divided between you
It is likely that she will receive a larger share of the equity at that point to reflect the fact that she compromised her career to care for the children - this could give her a 60/40 split
She will also get a larger share is she choses to accept extra capital instead of a pension sharing order
There is a possible spouse maintenance claim which could be covered by you paying half of the mortgage - but that could be an area for negotiation.
At 14 it will be up to your son what contact he has with you
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare

You have opened my eyes and can see this is going to be costly

I may do a one month sub as I still have more questions.

Best regards

John

Expert:  Clare replied 2 years ago.
Hi
Not too costly I hope
Clare
Customer: replied 2 years ago.

Hi Clare

I asked a question a few days ago and do not appear to have an answer?

Did you get the question?

In case you did not, the question was:

My wife asked me to leave the house a couple of weeks ago as she was not happy

What is my legal position in this regards:

- on what grounds can she ask me to leave the house?

- am I legally required to comply

- Is there a time element involved

Best regards

John

Expert:  Clare replied 2 years ago.
Hi
My apologies
Your ex cannot force you to leave the property unless there is a Court Order either as a result of violence - or a final order within the financial side of divorce proceedings
Who remain s where is a matter for negotiation using Family mediation
Clare
Customer: replied 2 years ago.

Thank you Clare

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare

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