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Ask Clare Your Own Question
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 have been living with my partner years. We have 2

Customer Question

I have been living with my partner for 16 years. We have 2 children aged 10 and 8. He has been unfaithful and I have proof of this. I cannot live in the house with him and want to separate. He is a business owner and I am a co-director. I am not earning enough to afford a 2 bed near the childrens schools and I need to know what I am entitled to. Both our names are ***** ***** mortgage of our family home and he has investment properties in London in his name. I need to ensure that the children are with me and supported. What are my rights please?
Thank you
Daniella
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 current property worth and how much is outstanding on the mortgage?
How much does a two bedroom property in the right area cost to buy
Clare
Customer: replied 2 years ago.

Hi Clare,

We bought the house last year for £500,000 and its been valued last week for £650,000 / £750,000 (if we put a new kitchen and bathroom in the house which we were going to do)

To buy a 2 bed in the area would cost approx £350,000 - £400,000

Thank you for getting back to me.

Daniella

Expert:  Clare replied 2 years ago.
Hi
How much is outstanding on the mortgage?
How much is the house worth as it stands?
What income do you each have?
Clare
Customer: replied 2 years ago.

£170,000 outstanding on the mortgage. We each take home £833 monthly and he takes dividends on top of that. I also earn take home of £1200 monthly from another company.

Expert:  Clare replied 2 years ago.
Hi
How much would you need to secure a property - bearing in mind your mortgage capacity
Clare
Customer: replied 2 years ago.

Honestly i dont know. I need to be able to afford the mortgage and school extras and food and living expenses. If i work on my capacity of 1 salary.. excluding the salary from his company.. i wont have much spare at all. This is my worry. A friend who is a solicitor in Dubai suggested i get half of everything and custody. Just not sure of the law here and my standing as common law wife.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that since you are not married your financial entitlement is limited to half of the jointly owned property and Child Maintenance at 16% of his gross income.
However he is under a duty to help you house the Children until they are 18 and given the extent of his assets it would not be Unreasonable to ask the Court for an Order that he assists you in purchasing a suitable property in the School area - with his share of the property being repayable when the youngest child attains the age of 18.
You should discuss this with your partner using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare. I really appreciate your advise on this.

Regarding custody, I worry about him traveling to the Middle East with the children as he is half Arab and his lover is in the Middle East. I believe that I have very few rights there. Its not a huge risk but how can I ensure he does not take them. I have nightmares of him taking them over and me never seeing them again.

Expert:  Clare replied 2 years ago.
Hi
He has no right to remove the children from the UK without your permission or an Order form the Court.
If you believe that there is a real risk that he will do so you can apply for a Prohibited Steps Order to prevent this
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare. Im hoping for a very easy and amicable separation. I just needed to be aware of my rights and the law before I speak with him about it all. Thank you for helping me understand my rights and what I am and am not entitled to and how to protect the children.

Have a great week

Daniella

Expert:  Clare replied 2 years ago.
Hi
I hope all goes well for you
Clare
Customer: replied 2 years ago.

Hi Clare

Im sorry but i meant to ask, does the fact that we are engaged change anything? I read on one of the advise sites that if we are engaged i would be entitled to the same property rights as a married couple?

Thank you

Daniella

Expert:  Clare replied 2 years ago.
Hi
It helps a little in backing up claims to the contents - and can strengthen your other claims - but it does not give you any other property rights
Clare

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