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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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If I have been deprecated from the children's farther

Customer Question

If I have been deprecated from the children's farther for 21yrs and have never claimed any maintainance for ether the children or myself , would I be allowed to do so now even tho the children are all grown up?? Please
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Hi Nicole
Yes please can you carry on with search.
He has been paying the Mortage all the time
And so I took take as maintainance for myself and the children
But now he has decided he wants some of the equity out of the house plus leave me paying the rest of the Mortage
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
I received an email this morning stating the answer could not be found
And offering 25% off next question
If you haven't been able to answer what I asked
Do I then get my money back please?
Expert:  Nicola-mod replied 2 years ago.
Hello,
Yes, we offer a refund on request - if you would prefer not to wait further then please confirm you would like a refund and I will process it for you.
Thank you,
Nicola
Customer: replied 2 years ago.
Hi
I'm not sure I understand
The email that was sent clearly stated that an answer couldn't be found
Please can this be cleared up
Thank you
Expert:  Nicola-mod replied 2 years ago.
Hello,
I think there is still a chance that we can find an answer as one of our Family Law experts who has been ill is now well again.
It is up to you - I can try that Expert or refund as suggested. Please let me know which you'd prefer.
Thank you,
Nicola
Customer: replied 2 years ago.
Hi Nicola
Yes please if they can answer the question
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
Were you ever married to each other?
How much is the house worth and how much is outstanding on the mortgage?
Who actually owns the house?
Clare
Customer: replied 2 years ago.
Hi Clare
Yes we are still married but we do hav a decree nici
We both own the house
As to how much it's worth I am not sure but would
Think around £280.000+
The amount outstanding is £46.000
As he used the house for getting himself out of debt
A few times
Frankie turner
Expert:  Clare replied 2 years ago.
Hi
What income do you each have and how much has he been paying each month?
Clare
Customer: replied 2 years ago.
Hi
Not sure on his income at the mo
Mine is about £16,000
Mortage is a repayment
£565.43pcm
And it's £38,311 6yrs left sorry not £46,000
Expert:  Clare replied 2 years ago.
Hi
Best guess on his income?
Clare
Customer: replied 2 years ago.
30-50,000 per yr was not sure as of this financial year
Expert:  Clare replied 2 years ago.
Hi
Could you explain a little more about the remortgages - how much did he borrow and when?
Clare
Customer: replied 2 years ago.
The latest was 9yrs ago wen we went to a repayment
Mortage-£30,000 added on to £63,000 we had already
The original Mortage was for £32,500
1st was £10,000 then £15,000 +£5000 kitchen and window replacment and
That I was paying until I got pregnant wiv my daughter. Which was in 89
Expert:  Clare replied 2 years ago.
Hi
For clarity - he borrowed £30,000 9 years ago.
Do you know what he did with the money?
Clare
Customer: replied 2 years ago.
Apart from new windows n doors no
Expert:  Clare replied 2 years ago.
Hi
What about 9 years ago?
Clare
Customer: replied 2 years ago.
That was the nine yrs ago
The rest of the time it was to pay off debts as far as I know
Customer: replied 2 years ago.
The windows n doors were bought with some of the loan from nine yrs ago
Expert:  Clare replied 2 years ago.
Hi
Does he own other properties?
Clare
Customer: replied 2 years ago.
No he is renting
Customer: replied 2 years ago.
No he doesnt
Expert:  Clare replied 2 years ago.
Hi
How much will a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
I would say about £170000+
Expert:  Clare replied 2 years ago.
HI
Is that a studio property?
Clare
Customer: replied 2 years ago.
Sorry I wouldn't know
We live in tonbridge kent
Expert:  Clare replied 2 years ago.
Hi
Within the financial side of the divorce proceedings you can indeed ask the court to give you a larger share of the value of the house.
The fact that he has not paid maintenance will be relevant in deciding how the equity is distributed - but the fact that he continued to pay the mortgage will balance that I am afraid
Your housing needs will be of great importance and it is likely that you will receive a larger share of the equity - anywhere between 60% and 70% - possibly more if he has private pensions
Your starting point is to discuss this with him using Family mediation
www.familymediationhelpline.co.uk
to try and reach an agreement
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanku so much for ur help Clare
Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare