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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33282
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'm 44 years old and have been married 1.5 years. My

Customer Question

Hi
I'm 44 years old and have been married 1.5 years. My partner has lived with me for 2 years. She is 41 and has 2 sons, one is 13 and lives with us full time, he's from one father and the other is 18, from another father, and lives with his dad. I have a 17 year old daughter who lives with us 4 days a week. The 13 year old goes to a private school which costs 12,000 a year, as does my daughter. My wife has a house in Warwick worth 500,000 from which she receives 2000 per month rent and currently I rent a house for us in London costing 3,500 per month. I have no assets except a business which brings me approx 12,000 per month.
We are considering divorce, and I'm wondering what kind of financial obligation I will have after we split.
The lease on the house runs out in 8 months and I am the named leaseholder. I could possibly maintain the payments on both houses for 8 months if I get a tenant to help with the rent on her house - it has 4 bedrooms and she'll now only need 2 and as leaseholder I need make sure the rent there is covered.
1) Am I legally entitled to demand she accepts a tenant
2) m I expected to continue paying her rent after the lease is up?
3) What kind of settlement, if any, will I expect to make following our divorce?
4) Does she have any claim on my income/business - I've had the business over 20 years so she can't in any way claim she helped build it up etc?
Thanks, Seb.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 income does your wife have and does her younger son's father pay child maintenance?
Clare
Customer: replied 1 year ago.
Her younger son's father pays no maintenance even though child support ordered him to. He pleads poverty and refuses to see the boy if his mother presses him for it. This upsets the boy so she's given up pursuing it.
She earns 24,000 a year from rent of house in Warwick and approx 30,000 a year as a professional photographer.
Expert:  Clare replied 1 year ago.
Hi
Who pays for her sons schooling?
Clare
Customer: replied 1 year ago.
She does. Ive always paid the rent and a few other household extras and going out etc and she uses her own income to feed clothe and school her son. She's always maintained that should we split, we each go our separate ways with whatever we each had when we entered the marriage. Would a document to that effect be possible to draw up?
Expert:  Clare replied 1 year ago.
Hi
Since your relationship is short your spouse has very little claim on your assets - or indeed your income.
However she could certainly expect you to pay the rent for the rest of the Tenancy period (without her taking on a Tenant)
She has only a limited claim for maintenance - likely to be fulfilled by paying the rent for that period
I hope that this is of assistance - please ask if you need further details
Clare

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