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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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 have separated from my wife and need legal advice

Resolved Question:

I have separated from my wife and need legal advice
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 would you like to know?
Clare
Customer: replied 2 years ago.
My wife is demanding that I get a bridging loan to give her half of the value of our house. She also says that she will change our sons names to her maiden name. I'm unsure what to do next.
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
How long have you lived together and how old is your son?
Clare
Customer: replied 2 years ago.
Not sure exactly. House approx 250k, mortgage approx 190k. Car loan, solar panel loan, approx 5k credit cards, 2 cars, 1 paid, 1 still paying. I earn 85k, she is house wife with no other income. Boys are aged 6 and 4. Lived together 13 years.
Expert:  Clare replied 2 years ago.
Hi
Will she not remain in the Matrimonial Home with thr children?
Clare
Customer: replied 2 years ago.

She does not want to, wants to move closer to her family.

Expert:  Clare replied 2 years ago.
Hi
How far away is that - and how much is outstanding on the two loans?
Clare
Customer: replied 2 years ago.

Its approx 30miles away. Again not sure of exact amount remaining but both together approx 15k

Expert:  Clare replied 2 years ago.
Hi
How much has your wife asked for?
Clare
Customer: replied 2 years ago.

She hasn't asked for a specific amount.

Expert:  Clare replied 2 years ago.
Hi
Have you looked at how much she would need to rent a property in the area in which she wishes to live?
Clare
Customer: replied 2 years ago.

No I haven't, is that something I should do?

Expert:  Clare replied 2 years ago.
Hi
It would give you an idea of how much she is likely to ask for.
If you wish to retain the Matrimonial Home rather than sell it then you are going to have to arrange for your wife to be released from the mortgage and pay her her share of the equity - likely to be £25,000 or so, but initially she will only need enough to rehouse herself and the children in the area in which she wishes to live.
You can discuss the actual details with her using Family mediation
www.familymediationhelpline.co.uk.
Your wife has no right to change the children's names, and you and she will have to agree how their time shoudl be shared between you - and if she will not be reasonable you can if necessary seek a Court Order to ensure that they do spend time 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