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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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Last 12 months my salary has been paid into the

Resolved Question:

Hi
For the last 12 months my salary has been paid into the mother of my children's bank.
The plan was to save and work towards reconciliation and buying a house.
The relationship has broken down and she is refusing to let me have any of the money back.
Where do I stand?
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 have you paid to her - and how have you financed your living expenses?
How old are the children?
Clare
Customer: replied 2 years ago.
Circa £65,000
Other income
5, 6 and 12.
Thanks, Andy.
Expert:  Clare replied 2 years ago.
Hi
What was your annual gross income in total?
Clare
Customer: replied 2 years ago.
£84,000
When I said other income I meant savings, I have resided between a friends house and my parents (to help out).
It has been a year to improve my health, re focus on life goals and ensure my ageing parents are OK.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
What savings do you have?
Clare
Customer: replied 2 years ago.
None.
Expert:  Clare replied 2 years ago.
Hi
Just to check - are you married to your ex and may I ask why you separated (not details)
Clare
Customer: replied 2 years ago.
No not married, lived together previously in her property.
Current property she lives in is rented.
Relationship broke down and we agreed to have a break from each other.
Access to kids all positive.
Expert:  Clare replied 2 years ago.
Hi
Just to check - do you know where she has put this money?
Clare
Customer: replied 2 years ago.
It is in the bank.
Expert:  Clare replied 2 years ago.
Hi
May I ask why there was no joint account?
When the payments started did you say that the money would be hers?
Clare
Customer: replied 2 years ago.
I have a poor credit rating and it did not seem to be an issue.
She is a better money manager.
At the outset the money was to be used towards the purchase of a new house for the family.
Expert:  Clare replied 2 years ago.
Hi
Thank you for that - but did you promise that you woudl give her half or all of it or anything similar?
Clare
Customer: replied 2 years ago.
No, not at any time.
She has amount of savings from her house sale and it was solely for the purchase of a property.
Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
How much will a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
£400,000.
We were looking to spend £650,000.
Expert:  Clare replied 2 years ago.
Hi
What assets does she have to wards this purchase (and I am afraid that this is relevant)
What income does she have?
Clare
Customer: replied 2 years ago.
Including the funds I have given her just over £300,000 cash.
Expert:  Clare replied 2 years ago.
Hi
What is her income capacity - can she get a mortgage?
Clare
Customer: replied 2 years ago.
She is on a Gross of £23,000
Yes she is good for a mortgage.
Expert:  Clare replied 2 years ago.
Hi
The good news is that the money (or at least a good part of it) the bad news is that you may have to wait until your youngest is 18 or your ex cohabits.
Clearly some of the money counts as maintenance - so say 20% if it does indeed belong to your ex in any event
The rest was meant to be used to help house the children - and if she goes ahead and uses it for that purpose then under Schedule 1 of the Children Act this will be seen as reasonable and you will then have to wait to recover the funds
If she is NOT going to purchase a house however you can recover the money on the basis that it is not being used for the purpose agreed.
You can recover the monies from her using the Money Claim Online service detailed here
https://www.moneyclaim.gov.uk/web/mcol/welcome
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 2 other Family Law Specialists are ready to help you

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