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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34585
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 wife and i are going though very rough times, it may

Resolved Question:

hi, my wife and i are going though very rough times, it may finish with a divorce. we have a 14 month old baby. how do we ago about sharing the baby ? we have been married for nearly 6 years, we live in the house that i have purchased before i met my wife, her parents live 250 miles away in lincolnshire, so if we were to get divorced she would go to live with her parents, or can i insist on her staying in wales?? she would not be able to stay at our house(in my opinion) as she has no income and would not be able to pay for it.  the house is a large 4 bedroom detached.  my wife is a student and has never worked in the u.k. i have been providing  for the family ever since we have met. she is from ukraine, but now holds a uk passport. would a 50/50 split custody be fair? thats what i am hoping for.

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 much is the house worth and how much is outstanding on the mortgage?
What other assets are there and how much do you earn.
Who has the day to day care of the child at the moment
Clare
Customer: replied 2 years ago.

hi, house is worth 300.000 the mortgage is 126.000 . i am a carpenter and when i bought it it was run down. i ve spent around 70.000 of my own money and did all the work in the last 6 years. i have 5 other properties which i rent out. the mortgages there are pretty much maxed out. three of them i bought before i met my wife, but two of them after. i am self employed , and my last years books are showing 20.000. my wife goes to uni part time, twice a week. uni is 40 min commute from home by car. so for the two days i have the baby, and the rest of the week i am in work apart from sunday when we both at home.

Customer: replied 2 years ago.

the house is not finished at this moment. i still need to spend around 10k to get it finished, so will be difficult to value it. 300k when finished

Expert:  Clare replied 2 years ago.
Hi
What is the net value of the other properties - and how much does a two bedroom property in the same general area as the matrimonial home cost to buy?
Clare
Customer: replied 2 years ago.

hi, value of first property is around 90k, i owe 89k to mortgage company.

second one values up to 120k, i owe 113k on it

third one values up to 240k i owe 229k

then i have two two bedroom flats. they are worth around 70k each, i owe around 45k on each one, but one of them is in a process of being refurbished which i am doing myself. so i thought if i can maybe offer her that flat to live in ones its refurbished. in that way she would not have to move away with the baby. so to answer your question a two bedroom house can cost around 90k and a two bedroom flat around 70k

Expert:  Clare replied 2 years ago.
Hi
Is one of the flats on the ground floor?
Clare
Customer: replied 2 years ago.

one on the ground floor is rented out, the one i am currently working on is on first floor, but it does have a porch large enough to keep a pram if thats where you going with it

Expert:  Clare replied 2 years ago.
Hi
On separation parents are expected to negotiate how the care of a child is shared between them - using Family mediation if necessary
www.familymediationhelpline.co.uk
%0/50 i snot likely given the age of the child - but a continuation of the current arrangements is not unlikely, if the mother is able and willing to remain in the area.
That will be more likely if she has adequate and secure housing.
Given the value of the matrimonial home and the other assets it is quite possible that you will be ordered to pay your wife a lump sum sufficient to purchase a two bedroom property (not a first floor flat)
This could form part of the negotiations with a view to securing the shared care arrangements
This can only be the roughest of guides - please ask if you need further details
Clare
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