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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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 been asked by my wife to move out amicably The house

Customer Question

I have been asked by my wife to move out amicably The house is jointly owned and that I have two kids If I move out then it is highly unlikely I will not go back. Where do I stand with the house legally- Will I loose my right if I go amicably? Should I ask for any concessions before I go?

I know I will see the kids at any time- I don't think that will be an issue.  I am more concerned about the house as it is jointly owned and there is an outstanding mortgage which I pay. I also pay all the Bills - everything - should I continue to pay this if we separate?

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 and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.
House is worth circa £325,000
Outstanding mortgage is circa £18,000
My net income is £2900 per month
Wife's net income is £950 per month
i have a car with £6000 debt
Wife has a car that is fully paid up
I currently pay for everything out of my account -that's everything.
All bills are in my name with the exception of the house which is in joint names.
Expert:  Clare replied 2 years ago.
HiHi
How old are the children - and how much does a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Children are 8 and 10
My property is a 3 bed semi detached
A terrace property would be a bit less say £300,000
Expert:  Clare replied 2 years ago.
Hi
Since it is so small I assume that your ex will be able to afford the mortgage?
Clare
Customer: replied 2 years ago.
In practice no
She is very reliant on me to pay for everything
What are my rights
What can I enforce
I don't want to carry on paying and also loose any share of the house as I have nowhere to live long term
Currently staying with my mum
Please advise what I can and can't do legally
Expert:  Clare replied 2 years ago.
Hi
Despite having moved out you retain your interest in the property
You are not likely to be able to force a sale until your youngest child is 18 - or your ex cohabits
When the house is sold it is likely that your ex will get a larger share of the equity - say a 60/40 split to reflect the fact that your wife has had the care of the children. - this however negotiable so do not conceded anything too quickly.
You will have to pay child maintenance at 16% of your GROSS income - at most.
From this she will have to pay the mortgage and all the bills.
There a risk that you may have to pay spouse maintenance - but you could trade part of that for more of the equity.
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks for the answers
I have a few more
The bills including the council tax, telephone,, tv licence etc are currently in my name. Can I legally now ask to change these so that they are in my wife's name as I do not live there?
Also If this leads to a divorce then will What you have advised stand or do things change? ie 16 % maintenance
Expert:  Clare replied 2 years ago.
Hi
You can ask for the bills to be transferred as soon as you start paying maintenance - which remains the same whether or not you are divorced,
You shoudl however offer to discuss the finances with your ex using Family mediation
www.familymediationhelplie.co.uk
Clare
Customer: replied 2 years ago.
I have agreed in principle that I will pay maintenance which I do and it is more than 16% which is fine but I don't want to also pay for all the bills on top so I guess I can stop that legally by transferring all the utility bills etc to her name and change the direct debits
Can you please confirm
Expert:  Clare replied 2 years ago.
Hi
Correct provided you are paying maintenance then you do not also have to pay the bills!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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.
One question I forgot to ask was that of savings
I have savings in my own seperate account and my wife has her own savings account. I have a lot more than my wife
Could she demand a share of these savings as part of the separation or divorce?
Expert:  Clare replied 2 years ago.
Hi
The savings do form part of the Matrimonial assets and will be taken into account when the court considers how the assets will be divided between you
Clare
Customer: replied 2 years ago.
So whilst we are separated do these savings get considered?
Or is it only taken into account when things go to court?
I am currently paying by mutual agreement maintenance and all the bills
Expert:  Clare replied 2 years ago.
Hi
It is only relevant within the financial negotiations as to how the assets are to be divided - whether that is dealt with between you using Mediation - or by the court
Clare
Customer: replied 2 years ago.
My separation has been very recent ( 7 days) and my wife has been talking to a lawyer. Upon this advice my wife has been sending me texts asking me to confirm that I will not be moving back in. Strictly speaking I have just moved to my mums and all my possessions are still at home. Why might the lawyer be advising my wife of this type of communication? Would there be an underlining reason or motive.
Expert:  Clare replied 2 years ago.
Hi
It is unlikely that the solicitor has advised her to do this since your response either way is not enforceable
Clare
Customer: replied 2 years ago.
I think she may be saying to the lawyer that I have been horrible to her and the children which is not true as the kids miss me already, she is using this as a means to get me out of the house, Would this have any bearing on the advise given to my wife asking me not to move back in.
Although I have moved out . By law am I within my rights to move back in if I wanted to although I won't as this will make things worse?
At the moment everything is one way but I want to know my legal rights on what she is entitled to. Could you please advise besides things you have already mentioned.
Expert:  Clare replied 2 years ago.
Hi
You are entitled to move back whenever you wish unless and until there is a n order stating that you may not - which is only likely to happen if there is an incident of Domestic Violence
Clare
Customer: replied 2 years ago.
Question regarding child access
On the basis that we are currently separated, what access is legally permitted?
I want my children overnight or take them on holidays then what am I legally entitled to ?
How would this work?
Thanks
Expert:  Clare replied 2 years ago.
Hi
The issue of how the children share their time between them is for you and your ex to negotiate between you - you can read more here
http://theparentconnection.org.uk/
Clare

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