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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 son is in the middle of a divorce. child's sake

Customer Question

My son is in the middle of a divorce. For his child's sake he has agreed to pay the mortgage for their joint ownership home till the child is 18. Child is now 7. They have joint custody as the ex wife chooses to work part time, one month on, One month off as a flight attendant. He is paying for all after school activities, classes and the child's needs also. He is in expensive rented accomodation as he won't be able to get another mortgage to buy his own home. 2 questions please
A) what if the child, say at the age of 11/12 chooses to live with the father, can he put a clause in his agreement to have their marriage home sold, and could his ex object?
B) what if his ex co habits in their marriage home? He is asking that his wife's partner pays him rent then, but what if this partner refuses to, or is unemployed, or if wife lies she is not co-habiting? All this while son is still paying full mortgage? Can you suggest anything in my son's favour, as he is being over generous as it is. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your question.My name is ***** ***** I shall do my best to help youHas your son had any legal advice?
Customer: replied 1 year ago.
Not officially. But I cannot find your answers. Do not know where to click to find your answer..
Expert:  Clare replied 1 year ago.
Hi
Please do not worry - I have not yet given an answer as I am still gathering information about the situation!
How much is the matrimonial home worth and how much is outstanding on the mortgage?
What other assets are there and what income do they both have?
Clare
Customer: replied 1 year ago.
The matrimonial home is probably worth around £500,000. He has paid about £160,000 of it by himself, so far. I cannot say how much their joint incomes are but I know that after paying his own rent as well as their full monthly mortgage payments and annual house maintenance bills, as well as his child's after school commitments, he will not be able to get another mortgage to but buy his own home. She told me that she earns about £1000 monthly after stoppages, so she will have about a £1000 a month to entertain herself with as my son is paying for practically everything else. And thus with joint custody 50/50. Hope this info is in discretion as I have paid for this help as I feel a very, very worried mum.
Expert:  Clare replied 1 year ago.
You are right to feel worried - this deal is appallingHow much does a cheaper three bedroom property in the same general area cost to buy?
Customer: replied 1 year ago.
A two bed property in the are would cost around £295 if one is lucky.
Expert:  Clare replied 1 year ago.
Do you think your son could be persuaded to be more sensible?
Customer: replied 1 year ago.
Clare you are asking questions to which I am answering. I hope this is not costing me any more money than the $35dollars I have already paid nd as yet I have not had a reply to my two queries.
Expert:  Clare replied 1 year ago.
Please do not worry - everything is included in the payment that you have agreedThe offer that your Son has made is significantly more generous than the best his ex could achieve in a Court.Whilst I understand his motivation and it is admirable - you are right to be concerned.However this can be dealt with within the eventual Court Order by ensuring that tow of the trigger points for the sale of the house are the child ceasing to spend more than half of the year with his mother OR her cohabitation for a period in excess of six months.These are not unusual and any competent solicitor would be able to draft a suitable OrderPlease ask if you need further detailsClare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare for this idea. I forgot to mention in their agreement which has not been signed, he is to pay also the service charge (maintenance) as well as ground rent on matrimonial property, mounting up to about £6000. Also the child's holidays with her mum, paying for the mum also. She is also refusing to allow their child to sleep either 'that woman' as she calls his new partner. There is nothing on their character both my sin and the lady (partner) feel he is going all this to keep his ex away. Worried sick re recession and all that. How will he manage?
Expert:  Clare replied 1 year ago.

please persuade your son that he does NOT have to do this - and his ex cannot dictate who the child sees when she is wite her father

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