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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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My Daughter is getting a divorce but her husband will not pay

Resolved Question:

My Daughter is getting a divorce but her husband will not pay half the mortgage which is in joint names. She has three children at home one of four and two of 16 months. Also he has taken all the savings from our joint account. Question, how do I make him pay half the mortgage and what percentage should he pay, and how do I get back half the savings
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 far has the divorce reached an dhow much has he taken from the account?
What income do they each have and is the ex paying child maintenance?
Clare
Customer: replied 2 years ago.

Hi Clare

They have the divorce and are awaiting for the final. We have mediation tomorrow. A total of £13000.00 was taken from the joint account leaving it empty, he has not paid his half of the mortgage for four months. The mortgage per month is £950.00 so he is in default by some £1800.00 plus half the account total £8300.00. He is in full time employment are his salary per month is £2500.00. My daughters salary is £1800.00 per month and receives child support and care support. Her ex is paying for the three children £650.00 per month.

Hope that helps

Wes Hollands

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

Hi

The home is valued at £280,000.00 and a mortgage of £146,000.00 so outstanding £134,000.00

Wes

Expert:  Clare replied 2 years ago.
HI
Does your daughter wish to remain in the property with the children?
Clare
Customer: replied 2 years ago.

Hi

Yes for at least 10 years

Expert:  Clare replied 2 years ago.
Hi
I am afraid that if he is no longer living in the property and he is paying Child Maintenance your son in law does not also have to pay the mortgage - and the difference in their incomes is not sufficient to make spouse maintenance a viable possibility.
On the plus side there is no doubt that your daughter can remain in the matrimonial home until the youngest child is 18 or she cohabits.
The negotiations should centre on what percentage of the property she should receive when it is sold.
Whilst the starting point is 50/50 the fact that she has the care of the children would justify a 60/40 split in her favour - he has taken the savings which could make it 65/35 or even 70/30.
If there was any way or raising £20,000 or so then that could be reasonable settlement.
This can only be the roughest of guides - please ask if you need further details
Clare
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