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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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10 years ago my father had an affair, with my current girlfriends

Customer Question

10 years ago my father had an affair, with my current girlfriends mother. This came to light two years ago. He is now leaving the family home, leaving my mother unable to pay the mortgage and making her unemployed as she works from home. What are her rights, she is still in love and wants to give him everything to make him happy. I'm afraid it will leave her with nothing.
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 property worth and how much is outstanding on the mortgage?
What income do they each have?
Clare
Customer: replied 2 years ago.

House was valued at start of this week, £399995, her income at present is £850 a month his is around £2200 after tax. I believe there is £127000 outstanding on the mortgage.

Expert:  Clare replied 2 years ago.
Hi
Are there any minor children involved?
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

No minor children involved. One bedroom houses are going for around £180000 to £230000.

Expert:  Clare replied 2 years ago.
Hi
Could your mother increase her income enough to cover the mortgage if she stays in the property?
Clare
Customer: replied 2 years ago.

I don't reckon so the company she runs did belong to my dad and it just about ticks over. She has a very small client group of elderly people people, whom she helps with computers

Expert:  Clare replied 2 years ago.
Hi
Could she earn more elsewhere?
Clare
Customer: replied 2 years ago.

She could earn more elsewhere. She has been self employed for twenty six years. We went to a temping agency to see about placement nothing yet but that was only yesturday. She would be unable to earn enough to cover everything as she is self taught but has no qualifications

Expert:  Clare replied 2 years ago.
Hi
Does your father have any Pension Provision?
Clare
Customer: replied 2 years ago.

Yes he has a pension in his name that both my parents have been paying into, but my mother's name is ***** ***** it. He also has share options which where funded from pension draw down

Expert:  Clare replied 2 years ago.
Hi
What is the CETV of his pension (Cash equivalent transfer value) and what is the value of the Share Option?
Clare
Customer: replied 2 years ago.

Shares are worth 18000 and mature in two years pension value is 60000

Customer: replied 2 years ago.

Shares are worth 18000 and mature in two years. Pension value is 60000

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Does your mother accept that the house may have to be sold?
Clare
Customer: replied 2 years ago.

It's going on the market already

Expert:  Clare replied 2 years ago.
Hi
Have you looked at one bedroomed flats which might suit your mother - how much would they cost?
Clare
Customer: replied 2 years ago.

To rent about £750 a month for a one bedroom

Expert:  Clare replied 2 years ago.
Hi
My apologies - I mean to buy
Clare
Customer: replied 2 years ago.

About £220000 to £350000 for a one bedroom. And £350000 to £450000 for a two bedroom.

Expert:  Clare replied 2 years ago.
Hi
In that case the houses may be a better bet!
Woudl you say that your mothers secure housing needs are more important than her ongoing income needs?
Clare

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