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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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Yes please Clare. Below is a quick summary. My Fiancé

Customer Question

Yes please Clare.
Below is a quick summary.
My Fiancé (David) and his ex-wife split 2 ½ years ago. They have an 8 year old daughter. At the time of the split they sought the help of a legal Mediator. After two meetings they verbally agreed access to their daughter and the monthly fee David would pay. His daughter and ex-wife say in the flat David and his ex jointly own. Since then they have amicably divorced. ***** *****ves with me in the flat I solely own.
We’d like to speak to someone for advice regards ***** ***** two properties mentioned above.
If this is something you can help with please give me some idea of how much your time will cost.
When David's daughter gets to 18 or finishes full time education is David entitled to a percentage of the home he lived with his ex for 15 years? Or will he lose all rights when we marry this year?
Thank you
Tracy
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.
Was a Financial Order made within the Court proceedings?
Clare
Customer: replied 2 years ago.

Hi Clare

No a Financial Order was not made.

Tracy

Expert:  Clare replied 2 years ago.
Hi
How much is the flat worth and how much is outstanding on the mortgage?
What other assets do they each have?
What income do they each have?
Clare
Customer: replied 2 years ago.

The flat was worth £230,000 two years ago. There was £35k left on the mortgage with an endowment that was targeted to reach about £28k (original target was £57k). There are no other assets. The exs public sector pension was estimated to be worth £200k by the arbitrator and David's as worth £100. She was earning about £28k working 3 days a week which was the same as David in 5 days a week.

In summary we would like to know whether 1. Will David be entitled to anything from the property when the daughter leaves school and 2. Would that be affected by us marrying?

Expert:  Clare replied 2 years ago.
Hi
For clarity - this wasn't discussed at Mediation at all?
Clare
Customer: replied 2 years ago.

The mediator suggested David would be entitled to 50% of the property on Grace’s 16th birthday. His ex responded by saying that her solicitor had said I would be entitled to 30%. They were then getting final pension statements when the mediation stopped.

Tracy

Expert:  Clare replied 2 years ago.
Hi
Both were wrong!
Your partner is under a duty to help house his child until she is 18, so there will be no sale until then unless his ex cohabits.
The starting point for division of the equity is 50/50 - but his ex could argue that she should have a larger share to reflect the fact that she has had the care of the child - although at present your partner could argue that he should still have 50/50 to reflect the difference in their pensions.
This is an argument he will not be able to make after his remarriage as at that point he can only claim on assets held in joint names.
A more realistic division of the equity would be 60/40 in her favour
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare - you are being a great help. One more (hopefully last!) question. If David is happy to accept a 60/40 split in his ex's favour would that be affected by him re-marrying? I guess you are going to advise we get this sorted out and in writing now rather than later.....

Tracy

Expert:  Clare replied 2 years ago.
Hi
Actually provided he is clear that by remarrying he loses his claim on her pension it is really up to him whether he sorts in now or later.
Having said that - now is as good a time as any as it marks the final end of that financial relationship!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare many thanks for your help. It's has helped us considerably.

Wishing you all the best

Kind regards

Tracy

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

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