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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 want to leave my wife and our home but I need to look

Resolved Question:

Hi I want to leave my wife and our home but I need to look after the two children age 17 and 14 what do I have to do?
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.
Hi the mortgage left is £32,000 the house is worth £400,000 we have a car on lease which is £269 per month no other debts my income is about £ 33,000 my wife's is about £15,000
Thanks
Expert:  Clare replied 2 years ago.
Hi
Who has the day to day care of the 14 year old at the moment and how much do cheaper two and three bedroom properties in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Hi the 14 yo walks to school with his friends and when he comes home he is with his brother untill one of us gets home from work about 5-6 pm so at the moment we both have care of him
The cheapest two bed round the area is £189,000 for a 2 bed maisonette maybe slightly cheaper
Thanks
Expert:  Clare replied 2 years ago.
Hi
Which of you is the 14 year old likely to want to stay with ?
Clare
Customer: replied 2 years ago.
Hi I would say stay with his mum
Expert:  Clare replied 2 years ago.
Hi
Just to check - when will your older child turn 18?
Clare
Customer: replied 2 years ago.
He will be 18 in October
Expert:  Clare replied 2 years ago.
HI
Is your wife aware that a Separation is imminent?
If so then the obvious way forward is to discuss how matters should be dealt with using Family mediation
www.familymediationhelpline.co.uk
In the event that you cannot agree a financial way forward the priority for the family court is the safe and secure housing of the children until they are 18.
Since selling the house would give more than enough to allow your ex to rehouse herself and the younger child then a sale is inevitable with your wife receiving a larger share of the equity.
The only issue will be if some of that will be repaid to you upon the youngest child attaining the age of 18 - an issue which will depend on how much she receives and what the pension position is
I hope that this is of assistance - please ask if you need further details
Clare
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