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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1097
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter has been married years and has a

Resolved Question:

Hello.
My daughter has been married for 6 years and has a 6 year old daughter by her husband. They bought a house 7 years ago and both their names are ***** ***** mortgage. Now, her husband has left and has said he no longer wants to pay the mortgage but he wants their daughter to stay in the family home until she's 18 years old. He wants my daughter to pay the mortgage, take his name off the mortgage and when their little girl is 18 years, he will settle for half of the proceeds, based on what the house is valued on at present.
He has offered my daughter £200 a month maintenance for their little girl. My daughter will then be responsible for the mortgage, bills, running a car and childcare costs.
Surely the law must protect her in some way re. this matter? This doesn't seem right.
Thank you. Adrian.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
You are right to question what is being offered. I wonder if your daughter is considering divorce and dealing with the financial matters.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Your daughter and her husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure even pensions and they all form part of the matrimonial 'pot'.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. Therefore if the husband earns more and your daughter is going to be the main carer if your grandchild then she should argue for a larger share.
Your daughter should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your daughters position for the future.
If the husband stops paying the mortgage and your daughter can't afford the payments then she should consider making an application to the court for Maintenance Pending Suit seeking that he continues to pay until matters are resolved.
Your daughter should also consider making a claim to the Child Maintenance Service. They have a helpful calculator on their website to give her an indication as to what the husband should be paying for their daughter.
Kind Regards
Caroline
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