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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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 separated from my husband of 9 years months

Resolved Question:

I have been separated from my husband of 9 years for 3 months now. However I shared a kiss with our male lodger in the December which my husband became aware of a couple of weeks after but agreed we could move on past this. We then bought and moved house in the January and our lodger moved with us. Our lodger moved out in the February, nothing to do with the situation that occurred in the December as this had been put to rest. However in the March me and my husband separated yet continue to live together for the sake of our 4 children. My problem arises as I am unsure as to my rights as I have just found out I am pregnant with my ex lodgers baby after a drunken night after my husband and I separated. My husband is currently unaware of my pregnancy. I need to know my rights with regards ***** ***** house and the children as I was in the process of going for custody of our children and for the house So my children have so where to live. We had originally agreed that I would live in the house until my youngest finishes full time education in 15 years time at which point I would vacate the property and leave him everything as he would pay the mortgage until that time arises. However I was advised not to do this by friends and family. This unexpected pregnancy had left me wondering what my rights are and the best course of action to take. Please can you help.
Many thanks kryssy
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 old are the children?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 1 year ago.
The children are aged 12,10,9 and 3. The house was bought in January this year for £205,000 and there is currently no equity in the property, there are no other assists. My annual income is £10,000, and my partners is approximately £46,000. I am also 8 weeks pregnant with another mans child.
Many thanks kryssy
Expert:  Clare replied 1 year ago.
Hi
Have you always been the main carer of the children?
Clare
Customer: replied 1 year ago.
Yes my husband worked full time and I remained at home up until a year ago when I went back to work partime doing 21 hours a week.
Customer: replied 1 year ago.
Yes my husband worked full time and I remained at home up until a year ago when I went back to work partime doing 21 hours a week.
Expert:  Clare replied 1 year ago.
Hi
You are entitled to remain in the matrimonial home with the children until the youngest child of the family is 18 or you cohabit. The fact that you are pregnant with someone else's child does not change that.
When the house is sold you will be entitled to 50% of the equity - possibly even 60% to reflect the fact that you have had the care of the children.
Your ex will have to pay child maintenance at 19% of his gross income and from this and your income form other sources you will be expected to pay the mortgage and bills.
You may also be entitled to spouse maintenance so long as you are living alone.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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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