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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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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My husband and I separated 5 years ago and he went to live with his parents. We have

Customer Question

Hi. My husband and I separated 5 years ago and he went to live with his parents. We have a 5 year old daughter, who was 5 months old when he moved out. He has our daughter overnight every other weekend. On the alternate weekends, I let him into my home for the day to spend time with our daughter and I leave my home for the day. The mortgage is still in both our names and we share the costs 50/50. I don't like him coming to my home anymore as he is beginning to be insultive and says nasty comments towards me. Do I have to let him into my home if he still part financially owns it or can I insist that he picks our daughter up and drops her back? I am willing to drop her half way.
In addition, I understand that he has to pay half the mortgage until our daughter leaves full time education. Does he also have to pay half of the flat maintenance and ground rent charges?
If we divorce, how would the assets generally be split? I am on a low income of £6,302 per annum, he earns £56,500 per
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 much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 1 year ago.
Hi Clare
Thank you for your response. I guess the flat is worth approx £220,000. The mortgage balance is approx £120,000.
Kind regards
Trudy
Expert:  Clare replied 1 year ago.
Hi
How much does he pay towards your household (wether as bills or maintenance)?
Clare
Customer: replied 1 year ago.
He pays a total of £779 per month, bring half the mortgage/flat maintenance (£298), half life insurance (£27) and 15% of his net monthly take home (£454) for child maintanence.
Expert:  Clare replied 1 year ago.
Hi
Are you claiming all the benefits that you can?
Can you increase your income?
Clare
Customer: replied 1 year ago.
Hi. My income support stopped on 10/8/2015 and I am awaiting JSA payment up to the period 7/9/2015 which is the date I start my job at £6302 per annum, 20 hours pw. I shall be calling tomorrow to make a claim for working tax credit and discounted council tax.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that in fact he does not have to pay half the mortgage until the child is 18 - let alone half of the service charges.
You are entitled to spouse maintenance in view of the substantial difference in your incomes, but he is currently paying substantially more than he needs to - something you may wish to take into account in your negotiations.
I am afraid that as a joint owner of the property he is entitled to return to the property whenever he wishes BUT it would be better for the child if he collected her and took her out - much less confusing for her
I would suggest that you try and discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
to try and resolve the matter
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you for your help and response. If we were to sell the property, how would the equity have to be split? What about pensions in a divorce?
Expert:  Clare replied 1 year ago.
Hi
The priority at all times is the housing of your child (and therefore you) until the child is 18 - so you will receive as much of the equity as you need to rehouse yourself - although some may be repayable when the child is 18 or you cohabit.
You are also entitled to half of the pensions accrued whilst you were married - unless your ex choses to give you a larger capital sum instead
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok. Thank you for all your help and quick responses.
Kind regards
T
Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope all goes well
Clare

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